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Am I entitled to a severance when I’m fired?

When you are fired from your job, it can be a very traumatic experience. You may feel like you don't know what to do next. In this blog post, we will discuss severance packages and how to go about getting one if you are entitled to it.


Severances Are Typically Not Required

Generally, employers are not required to provide severance packages to employees who are terminated. There are some rare situations where your employer might be obligated to pay severance. For instance, if your employer has a history of paying severance to others in your same position - they may be obligated to pay you a severance as well. Likewise, if your employer has promised a severance in any capacity, whether orally or in writing, they may have to uphold their promise.


Secure or Negotiate Your Severance

If you have a legal claim, your employer may agree to pay a severance or a settlement in exchange for you releasing your employer from liability for things like discrimination, retaliation or harassment. Essentially, you are promising not so sue your employer. This promise carries leverage and can improve the amount of the severance offered.


Negotiating a severance is a two-way street. The more concern (exposure to liability) the employer has about you suing, competing, or maintaining their company secrets, the more likely they are to negotiate or offer a severance.


If you believe you are entitled to a severance package, contact my office to speak with an employment lawyer. We will help you determine what laws apply to your situation and help you negotiate a severance agreement with your former employer.

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