Deveno
07-23-2004, 10:42 AM
I lived in the state of New York.
My wife was just released from her job and was told that she would be receiving 1 month's severence pay. I'm hearing that the law states that it must be 2 month's worth. Is this true? If so, what recourse she would have if her former company refuses to pay the second month. Please advise. Thanx.
I lived in the state of New York.
My wife was just released from her job and was told that she would be receiving 1 month's severence pay. I'm hearing that the law states that it must be 2 month's worth. Is this true? If so, what recourse she would have if her former company refuses to pay the second month. Please advise. Thanx.
The Fair Labor Standards Act (FLSA) has no requirement for severance pay. Severance pay is a matter of agreement between an employer and an employee (or the employee's representative).
Check with the employer's WRITTEN POLICY on severance pay.
LConnell
07-24-2004, 05:14 PM
Sue is absolutely right, re: mandated severance pay.
There is another possibility, however, for pay when a person is released from a job. If the termination was as a result of a mass layoff or plant closure affecting a significant number of people, the employer is required to provide 60 days notice, or pay in lieu of, in many cases.
If she alone was terminated, there is no recourse for severance pay, other than the employer's own policies.