It is clear the employer is not happy with my performance. In the alternative, if you resign does the employer have option to give you severance pay per your request?
2007-01-01 05:52:46 · 8 answers · asked by Bianca 2 in Politics & Government ➔ Law & Ethics
Well severance pay is normally an offer that they give to you, not you to them, it's because they want you to quite so they don't have to fire you and pay unemployment, and you want because you don't want to officially be fired. If they offer, you can negotiate, but the danger is that they'll just fire you and then you can apply for unemployment. The important thing is that they can fire you, but if you quite, you can't apply for unemployment, and if they fire you or lay you off, they don't have to offer any severance package.
2007-01-01 06:03:19 · answer #1 · answered by locusfire 5 · 0⤊ 0⤋
Legal - yes. Likely - no. Let's clarify the difference between layoffs, terminations and being fired. If the employer is not happy with your performance, you won't be laid off, you'll be fired. Layoffs technically happen when a company needs to reduce headcount and plan on (eventually) rehiring you. Terminations occur when the company needs to reduce headcount but does not plan on rehiring you. Depending on the state you live in, the size of your company, your status as an exempt or non-exempt employee, etc. your employment may be considered "at will" and you may not be legally entitled to severance in any of the three situations. If you've been with your employer for a while, then you may be entitled to unemployment in your state if you get either laid off, terminated or fired. If you resign you are entitled to neither severance or unemployment.
2007-01-01 06:17:02 · answer #2 · answered by Carolyn R 3 · 0⤊ 0⤋
I’ve done it before, when my company announced they were PLANNING a layoff (because I would have received severance pay and unemployment and no longer had to pay for child care, so I actually would have come out ahead in the deal). They denied my request though, because I was 'too valuable’
BUT, if your company is not planning on laying anyone off, do you really think they would agree to do this and give you severance pay? Not likely at all.
2007-01-01 06:21:35 · answer #3 · answered by kp 7 · 0⤊ 0⤋
Pretty much everything you are asking for is legal. But if they don't like your work, they are probably not going to give you severence no matter how much you beg.
If they are not happy with your performance, there is a better liklihood they are building a case to fire you which would mean you would get nothing. I would focus your energy on attempting to find alternative employment so you don't have a firing on your resume.
2007-01-01 05:57:06 · answer #4 · answered by harrisnish 3 · 0⤊ 0⤋
It's perfectly legal to ask. That doesn't mean that you'll get anything, especially if you're not getting the job done. If the employer feels that they simply hired the wrong person they're probaby much more likely to be compassionate.
2007-01-01 06:00:18 · answer #5 · answered by Bostonian In MO 7 · 1⤊ 0⤋
What you might say if layoffs are imminent, is that if layoffs have to be made, you wouldn't mind being considered (hint, hint). that was you're are eligible for unemployment at least in NYS.
2007-01-01 05:58:41 · answer #6 · answered by silverside 4 · 0⤊ 0⤋
it is like "payin under the table" it is illigeal
2007-01-01 05:58:05 · answer #7 · answered by all time syrian 1 · 0⤊ 0⤋
Why would you not be allowed to ask?
2007-01-01 06:07:35 · answer #8 · answered by Anonymous · 1⤊ 0⤋