Can Employees Sue for Not Receiving Severance Pay?

 In Employment Law

Your Rights If You Were Laid Off By Your Company

Twitter employees who were abruptly let go by the social media giant are now suing their former employer alleging violations of state and federal law. According to multiple reports, Elon Musk who had recently acquired the company planned to lay off nearly half of its employees. Multiple lawsuits have been filed by workers who accuse Musk of failing to give them adequate notice or pay as required by law. 

At Levin & Nalbandyan, we understand the frustration and outrage that workers feel when their rights are violated. We provide dedicated advocacy for employees who have been laid off without adequate compensation or notice. If you believe that your employer violated your rights, contact our office at (213) 232-3135 to schedule a free consultation. 

What Is Severance Pay?

Severance pay is money that is paid to an employee when their job is terminated. Under the Fair Labor Standards Act (FLSA) there is no requirement that an employer pays a worker severance regardless of whether they are laid off or let go for another reason. 

While severance pay is not required as a matter of federal law, it may be required as a part of your employment contract. In addition, an employer must pay you through the end of your employment as well as for any unused paid time off. It is always in your best interest to consult with an employment lawyer to determine if you have a valid case against your employer.

Can I Sue for Not Getting Severance Pay?

If severance pay was guaranteed as a part of your employment contract, you may be able to bring a lawsuit against your employer. It is important to retain any documentation including your employee handbook, emails, or company memos that discuss severance pay and your rights if you are laid off or terminated from your employment. 

Does My Employer Have to Give Me Notice?

Under the Worker Adjustment and Retraining Notification (WARN) Act, employers with 100 or more employees are required to provide at least 60-days notice to their employees of a plant closing or mass layoff. The federal law is designed to protect workers from a sudden job loss.

Most states also have statutes that offer employees additional protections. For example, California’s WARN Act requires that employers with 75 or more full and part-time employees give a 60-day notice for plant closures, layoffs of 50 or more, and relocation of at least 100 miles.

Hiring an Experienced Employment Law Attorney

If you were laid off from your employer without notice or without severance pay guaranteed by your employment contract, you might be eligible for compensation. Contact our office at (213) 232-3135 to discuss your case directly with an attorney. 

At Levin & Nalbandyan, we have over 30 years of experience helping workers get the justice they deserve. All employment law case consultations are provided free of charge and without obligation to retain our services. There are no fees unless we win. Call now to get started.

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