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Severance Guidlines in California

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  • Severance Guidlines in California

    My position as an outside ad sales manager was recently eliminated. I understand the California 'at will' law.

    My former employer is offering 4 weeks of severance for my 4 year and 7 month stint. However, I was with the company for 10 years total (6 years from 1994 to 2000, 4 years with other employers, and the most recent 4 years and 7 months). The in-house attorney told me over the phone that the company policy is 1 week severance for every year of service yet they have not acknowledged my initial 6 years. The attorney said that she had to research my previous 6-year stint. I left on good terms back in 2000 for another job and was asked back by management to return and take the same job that I had left. Does any law state that it has to be CONTINUOUS years of employment? In my research, it seems the entire severance issue is case-by-case and it depends on how badly the company wants the signed release. All in all, we are not talking a huge sum of money so hiring an attorney may be overkill but this does not seem fair to forget my initial 6-years?

    I no longer have access to the company intranet where the 'employee handbook' would be placed. I know that others who left this company and came back to work at this company (granted only months had passed) were treated as if they had never left. Speaking of former employees, I am also guessing that they had a confidentiality clause in their release (like mine does) so I can't really ask them and source them on what they were offered to see if I am being treated fairly.

    Do these confidentiality clauses have a statute of limitation?

  • #2
    Since California law does not require severance at all (nor do 46 other states) it's going to depend entirely on company policy.
    Last edited by cbg; 11-10-2008, 04:49 PM.
    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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