Fork in the road
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Lakewood90712
Thinks s/he gets paid by the post
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There have been a few threads on the subject. No simple thing. As to recourse for legal termination of an at will employee, uh, no.
Bamaman
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Severance is something you get when it's the employer's decision to 'make a change."
When an employee is leaving by his own decision, severance is not often offered.
When an employee is leaving by his own decision, severance is not often offered.
Dtail
Give me a museum and I'll fill it. (Picasso) Give me a forum ...
Unless there is a layoff coming and one volunteers for that layoff.
This situation happened to me.
AND the company is willing to let someone else to take the layoff. Sometimes they don't want to let some folks go.
You don't get severance when you decide to leave a company.
Are you trying to find a way to provoke your employer into firing you so that they will give you some severance?
If so, don't bother. No law requires an employer to pay severance pay.
street
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The only way if they fire you, and have done it wrong and didn't have their ducks in a row, you may use legal action to recover years of loss etc..
freedomatlast
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Sometimes you just have to wait things out until the conditions are right and play the political game just right. I was FI for years and ready to go, and was just waiting for the chance for an exit package.
Finally business conditions at MegaCorp started declining. Then there was talk about an upcoming layoff so I made it known to a key individual that I would be willing to go. At first they were surprised and told me, no way can we let you go. The resistance to put me on the list continued, but after many discussions, they finally agreed. What really helped was when I composed a confidential document of how to reassign my direct reports and shift responsibilities.
Obviously, you have to have a good relationship and a sense of trust with the decision maker(s) and HR to make this happen. All negotiations were done "off the record". They need to be able to trust that you won't try to sue for age discrimination.
Now continuing to collect a check for a year without working is really helping to transition into RE and every day without the grind of work is fantastic!
Finally business conditions at MegaCorp started declining. Then there was talk about an upcoming layoff so I made it known to a key individual that I would be willing to go. At first they were surprised and told me, no way can we let you go. The resistance to put me on the list continued, but after many discussions, they finally agreed. What really helped was when I composed a confidential document of how to reassign my direct reports and shift responsibilities.
Obviously, you have to have a good relationship and a sense of trust with the decision maker(s) and HR to make this happen. All negotiations were done "off the record". They need to be able to trust that you won't try to sue for age discrimination.
Now continuing to collect a check for a year without working is really helping to transition into RE and every day without the grind of work is fantastic!
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pb4uski
Give me a museum and I'll fill it. (Picasso) Give me a forum ...
Unless your employer is downsizing and offering severance pay to employees who are laid off because their jobs are terminated, you wouldn't be entitled to severance pay.
CardsFan
Thinks s/he gets paid by the post
WADR, this kind of thinking baffles me. When I was FI AND ready to go, I gave my notice. Why would you give up YEARS of retirement to get one "free" year of salary?
pb4uski
Give me a museum and I'll fill it. (Picasso) Give me a forum ...
+1 Since I didn't have in enough time to officially retire from the firm, technically I just resigned. But my practice threw me a nice retirement party anyway (I presume from the employee entertainment budget... or perhaps my boss paid for it).
donheff
Give me a museum and I'll fill it. (Picasso) Give me a forum ...
It is nice if by chance your employer is offering packages to get people to leave right when you are ready to go. But I can't understand why people would think they should be able to get a severance package at other times.
I’ve been stepping on toes this year. Respectfully as possible, but still breeching unusual topics (for my megacorp) like extended vacation and flat out refusing to commute more than 2.5 hours a day.
Yesterday, my new manager argued with me in front of colleagues about how I need to commute up to 6 hours each day. I am not making this up.
Anyway, my advice is to confront obviously absurd practices in megacorp. Either you’ll get your way or the company may decide you aren’t a good fit. You may not get severance, but unemployment benefits while looking for a better career ain’t bad.
Yesterday, my new manager argued with me in front of colleagues about how I need to commute up to 6 hours each day. I am not making this up.
Anyway, my advice is to confront obviously absurd practices in megacorp. Either you’ll get your way or the company may decide you aren’t a good fit. You may not get severance, but unemployment benefits while looking for a better career ain’t bad.
freedomatlast
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The job wasn't that bad, I really liked the people I worked with, and somehow when you are FI and know you could walk at any time, being there is easier.
The chance at severance was what tipped the scales for me. It made the final decision to leave much easier, and helped make the decision for me to buy that new toy I was eyeing, much easier. YMMV.
pb4uski
Give me a museum and I'll fill it. (Picasso) Give me a forum ...
6 hours a day... 3 hours each way is ridiculous.... I'd be surprised if HR wo support your new manager on that one... that may be another way to step on toes... bring the 6 hours commute issue to HR.
At my megacorp, it all depended on your relationship with your management chain.
Under the right circumstances people would indicate to the mangler that they would volunteer for the next round of "resource actions" to get the severance package. Others would get "we don't pay good people to leave".
A co-worker of mine volunteered. The next round came around and he was tagged out, BUT the severance package had been cut again to "3 months pay (notice of termination) but you had to work those 3 months".
So. "Be careful what you ask for. You just might get it".
Under the right circumstances people would indicate to the mangler that they would volunteer for the next round of "resource actions" to get the severance package. Others would get "we don't pay good people to leave".
A co-worker of mine volunteered. The next round came around and he was tagged out, BUT the severance package had been cut again to "3 months pay (notice of termination) but you had to work those 3 months".
So. "Be careful what you ask for. You just might get it".
euro
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I'm not sure I understand the question. Why would you think you are owed severance from your employer when it is YOU who decides to leave the company? Has the company not held up to their end of the bargain during the course of your employment and given you an agreed-upon paycheck as compensation for work rendered?
CardsFan
Thinks s/he gets paid by the post
OK. I get it. You were FI, but not quite ready to pull the trigger. So the chance for a package was the tipping point.
I spent a few years in this mode, and if a package came along, it would have been welcomed with open arms. But once I decided I really would rather not work anymore, I gave notice.
euro
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+1 Same point I was trying to make but you put it much more concisely!
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CardsFan
Thinks s/he gets paid by the post
I am a little confused. Isn't your commute time decided by you, based on where you choose to live? Or were you commuting to customer sites in the area, and your manager decided that you should commute 3 hours each way (each day) as opposed to spending nights in a hotel? Just curious.
I think there was a book called "how to engineer your layoff" or something like that. May be it has some ideas. I know a guy who engineered his layoff by goofing off at work, enough to not get fired but enough to be on the radar for the next round of layoff. 
COcheesehead
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If you see a fork in the road, take it.
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nancyfrank232
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Unless you’re Canadian. Case law has us get 1 month of severance per year of tenure in lieu of notice, up to a max of 24 months of severance
I’ve always made sure to get my severance in lieu of notice before moving on. It’s always easier to engineer a lay-off when one is already FI
Fair enough. It always depends on your local laws. I was writing only of the US situation, since the OP shows "New York" for a locale.
I thought in Canada you were only entitled to 1 week per year of service, up to 24 weeks? And I thought that if you went to court you could be awarded more? And don't you need to be employed there 10 years to get severance if you quit?
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