I was abruptly fired my employer claiming it just wasn't working. My employer is a billionaire and only offered me 1 months salary. I was hired as a driver but provided a wide variety of different jobs to his son. After 10 months of using me through a limo company they hired me on privately. I have 4 kids and need to make sure I get the best deal possible.
Administrative Law Lawyer
Make any deal you can. The law does not require your former employer to pay any severance whatsoever and there are no facts in your post to suggest that you have any bargaining power to induce a severance payment. The offer of a month's pay is a gift. But there is nothing in the law to stop you from making a request of any amount.
Most billionaires (yeah yeah) didn't get into that club by not knowing when to give their money away.
No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.
6 lawyers agree
I agree with my colleagues. Under California law, there is no requirement to pay severance benefits, unless it provided for in a contract, collective bargaining agreement or by statute where there are mass layoffs such as under the Federal Warn Act.
I would suggest speaking with an employment lawyer to see if you are entitled to overtime, etc. as well as circumstances of your termination to learn what benefits or wages you may be entitled to before attempting to negotiate your severance package.
4 lawyers agree
Wrongful Termination Lawyer
Well, I would hardly call it a gift...I suspect you will be signing release to obtain that money. But I agree that overall it's all about leverage and in this situation as you describe it - 10 months of employment - your leverage seems limited. Perhaps you should change your focus a little; ask for additional terms..like a letter of reference, some lump-sum pre-paid reimbursement for medical insurance premiums, perhaps a lump-sum amount to join a recruiter network, etc.
THIS IS A GENERAL ANSWER TO A GENERAL QUESTION AND SHOULD NOT BE RELIED UPON AS A FULL LEGAL ANALYSIS OF ANY FACTUAL MATTER. An attorney-client relationship is not established or offered solely as a result of this answer.
1 lawyer agrees