Inquiry: Although I performed well, I was recently fired from my job. It was probably due to a personality conflict between me and my boss. They only gave me two weeks of severance pay? Since there wasn't "cause" to fire me, am I entitled to more severance pay? Please give me a quick answer because I have to respond to the company within 21 days.
Response: Well, I have bad news for you. Absent an employment contract (you didn't mention one and most employees don't have one), you are an "employee at will". This means that the company can fire you at any time for any reason as long as it isn't an illegal reason.
On the few facts referenced in your letter, there doesn't appear to be any basis for claiming an illegal discharge reason such as discrimination (age, sex, race, disability, national origin, etc.) or illegal retaliation (opposing discrimination or complaining about your wages). Nor does there appear to be a basis for a "wrongful discharge" which occurs if one is fired in violation of an important public policy.
The "final nail" in your "employment coffin" is that you stated that you felt that you were fired due to a personality conflict with your boss. There is no law, as yet anyway, that prohibits discharging one due to a personality conflict.
Absent any connection between possible discrimination, retaliation and/or a wrongful discharge with the facts of your case, it does not appear that you have any basis for claiming that you were wrongfully discharged.
Accordingly, you have no legal "leverage" to seek a better severance package. Since your employer is not required to offer any severance pay, there is no legal requirement that you receive any amount of severance pay at all.
Stephen P. Horner is an attorney who practices employment and labor law. Questions for this column may be submitted at shorner@horner-law.com
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