Unemployment question. - Severance package

[Gumbo4x4]

It is my understanding that if it is a right to work state, you can just be laid off with nothing.

Just as you can quit without giving any notice.

Missouri is not a right to work state, but no severance or notice is required here. Side note, if you miss 3 straight days without a doctor's excuse your employer can call it a voluntary termination - meaning you weren't terminated, you "quit". And you can be denied unemployment.

 

[disneychrista]

It is my understanding that if it is a right to work state, you can just be laid off with nothing.

Just as you can quit without giving any notice.

This is called "at-will employment."

Right to works is not being required to join a union to get a union job.

 

[vacationer1954]

Base pay rate and vacation time are separate matters from credited years of service or office service record date/start date. It doesn't hurt to ask when you return to a company you used to work for whether they would set your service record date back to your original date of employment but they aren't under any obligation to have all three things reflect that same date.

 

[davedmaine]

Was he laid off or let go? Laid off usually means temporary and I can't imagine there bein any severance in that instance.

Laid off usually means fired.

 

[jennab]

Laid off is not fired. Usually one is laid off when the company is cutting costs and eliminates a position (the person did nothing wrong). This happened to me in Sept and it was based on seniority. I was the least senior in that position. I revived a severance package and was eligible for unemployment after the severance ran out (so you can't double dip and get laid both for the same period).

 

[mistysue]

Wait a minute- are there states that require that you get a severance package?!? I might need to move more than I thought.

 

[StitchesGr8Fan]

In my state a severance package is not required. You just have to give 2 weeks pay, as long as you give the state enough notice of the upcoming reduction in force.

However, the state allows you to collect unemployment the day you are let go, regardless of a package. In their eyes, the day you are no longer an active employee you are eligible for unemployment. So you could get your severance package and unemployment at the same time.

I was let go due to a reduction in force. 4 months later they rehired me for a different job. Their policy is that if you are let go through no fault of your own, and rehired within 2 years, your years of service pick up where you left off for vacation, vesting, and future layoff packages. It is clearly documented. I think they feel that paying you 2 full packages is the right thing to do after putting you through the stress of bring let go twice. Maybe it doesn't make sense financially, but its a respect for people thing. And it is across the board for all so it is fair.

 

[ICF]

At my company (global / fortune 500) -- today he would get credited for the 20 years.

That said, they change their serverance policy all the time --- as I'm sure your BIL's place does too. So, the "rules" in place 5 years ago may not be the rules from last time.

 

[lisaross]

should be 20!

A few years ago my BIL was laid off from a company that he worked at for 15 years. He got a nice severance package and collected unemployment.
One year later he got re-hired at the same company - they hired him back and gave him the 15 years back (in terms of vacation, pay base etc..) -
Last year he celebrated 20 years with the company.
He just got laid off again from the company.
Question:
Should his severance package be based on his 20 years or the past 4 years (since his re-hire date)?
TIA.

 

[lisaross]

i don't think its required.....

Wait a minute- are there states that require that you get a severance package?!? I might need to move more than I thought.

 

[mistysue]

In my state a severance package is not required. You just have to give 2 weeks pay, as long as you give the state enough notice of the upcoming reduction in force.

However, the state allows you to collect unemployment the day you are let go, regardless of a package. In their eyes, the day you are no longer an active employee you are eligible for unemployment. So you could get your severance package and unemployment at the same time.

That's nice, in Michigan you are just let go... they don't have to give you anything at all. They can give you notice if they want, but don't have to. It's completely up to the employee to file for unemployment but if you are not working you get unemployment. It's limited to 20 weeks now though, that is sort of new.

 

[disneychrista]

I don't know a single state where anything other than paying you for your time-worked is required. Vacation, Sick, Personal, Holiday, Severance, etc are all up to company policy.

 

[crisi]

I don't know a single state where anything other than paying you for your time-worked is required. Vacation, Sick, Personal, Holiday, Severance, etc are all up to company policy.

California has some very employee friendly laws for large companies.

 

[disneychrista]

California has some very employee friendly laws for large companies.

Yep and even in California (my state) are any of those things required.

 

[Allison]

I don't know a single state where anything other than paying you for your time-worked is required. Vacation, Sick, Personal, Holiday, Severance, etc are all up to company policy.

I don't either.