Notice, Severance Not Required in Layoff
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Q Five months after the company where I worked was sold, I was terminated.
My administrative duties have since been handled by an outside service company.
I was paid twice a month and was terminated on the last day of the pay period, without notice or extra pay in lieu of a notice.
The company said its policy does not allow severance pay, but I think I should have been given a month’s notice or one month’s pay in lieu of a notice.
Is that correct?
--J.F., Rancho Palos Verdes
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A That is not correct. Unless your company had a written policy providing that notice or severance pay would be paid in the event of a termination, your company had no obligation to provide you with any notice, or pay in lieu of notice, in terminating you.
Its only obligation was to pay you your final paycheck, including all unused vacation pay, at the time you were terminated.
--Michael A. Hood
Employment law attorney
Paul, Hastings, Janofsky & Walker
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