I have an "at will" contract and worked in CA, for a company in Virginia. I had one month for every year of service written in. About a month ago, the COO flew in, and terminated me for "poor performance" giving no other reason and referanced that due to the 'at will' they are not obligated to pay me and offered no other expanation as it was due to poor performance. The funny thing is I was just given an award for exellence and sent on a trip, had the best year ever last year financially, and have been credited with many other things. The severance is written into the contract. Does anyone know if CA law overrides VA law? Company based in VA, I signed the contract in CA, is there anything under CA law that protects me or can help me in collecting my severance? Can I do it without given a good chunk to a lawyer? Any thoughts or comments are apprecaited.

You are a CA employee subject to CA law. Period. Ignore VA. However, there is no direct legal requirement for severance pay. If I was you I would at a minimum pay an attorney to review what you consider to be the "contract" that you think gives you a right to severance pay and see if the attorney feels that you actually have a claim. Most company policies do not by themselves rise to the level of an enforcable contract.

You might want to also go to the CA-DLSE website and download a copy of their Enforcement Policies and Interpretations Manual. I took a quick look in my company and learned that some severance plans are covered by ERISA which puts the juristiction under federal (not state) courts and agencies.

I apprecaite your feedback. I had the severace written in myself and it was signed by the president of the company. The agreement also says that if anything happens that arbitration has to be in VA, that's why I was wondering if being an employee in CA, would CA law overide that. I understand that there is no law requiring them to pay severance, but it's in the document signed by both parties. I'll take your advise and look at both a lawyer and DSLE. Many thanks...

There is no downside to the employer putting such language in their document, but it is of questionable legality and since they have already told you to "kiss off" (or words to that affect), you have nothing to lose at this point filing a claim with someone.