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Notice or Severance Pay Arizona

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  • Notice or Severance Pay Arizona

    I signed a contract with my employer (an architect/construction firm) when I was first hired on. The contract clearly stated that after our 90 day probation period, if we were to be laid off for reasons other than poor performance, then we would receive 2 weeks notice OR 2 weeks severance pay in lieu of.
    I've been here 2 1/2 yrs and our company has been laying people off like crazy without the 2 wks notice or pay.
    What are my rights? Are they legally bound to honor their own contract with me??

  • #2
    Your rights are to take the contract to an attorney in your state to see if it is legally enforceable. We cannot determine the legality or enforceability of a contract we have not read.

    However, your co-workers are not covered by YOUR contract. Just because you have an alleged contract (I say alleged because we don't know, at this stage, if it is or not) that grants you two weeks notice or severance doesn't mean that all of your co-workers do. And how do you know what severance arrangements they have with the employer?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Ok, well I guess I don't know for a solid concrete fact (meaning I did not actually see their last paycheck), but I have talked to several past employees who were upset because they were not given either the notice or pay. Comparing contracts with these employees, they have the same clause that I do in mine. The only difference in these contracts were the salary and position title.
      But I guess going to an actual lawyer would be the best bet. Are there lawyers specifically for labor issues?
      Thanks for taking the time to help.

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      • #4
        I would suggest an employment lawyer.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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