Victim of Corporate Downsizing......

[Slummn]

Last month, seven employees in my department were fired to clean up the dead weight and improve the company's bottomline. One of these employees was part-time and the company could not justify her hours. I am in the same situation. I am part-time and my employer can not justify my hours. The only reason I was not let go with the others is because they do not have any performance issues with my work. I am being allowed to stay on until the end of the year and at that time I will be fired. The other seven employees received a severance package. I am concerned that I will not be offered the same package because I am also considered a temporary employee. This label is not valid because I have been employed as a Temp./Part-Time employee for approx. seven years. I was put into this category because my employer has never really welcomed the part-time employee. If fact, they are addressing the part-time issue right now with the current firings.
Do I have a right to any severance package and do I have a right to any restitution for benefits I did not receive during the years that I was a Temp/Part-time employee?

 

[Attorney_Replogle]

I am a licensed California attorney so my answers are coming from that state's laws or laws of a general applicability. So to answer your first question, you do not have a right to a severance package (in CA) unless your employee handbook states otherwise, or some state law dictates that you have such a right. Next, you do not have a right for restitution of benefits that you did not receive over the years if you were never entitled to those per the employee handbook and or prevailing state laws. Check with a labor lawyer in your area to get the best information though. You can find one at this web site's attorney listings.

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Mark B. Replogle