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Severance benefits provide income assurance in the event you are terminated from your job. In some cases, these benefits may be negotiated at the time you are let go, and may be based on what the company typically offers employees in similar situations. In other cases, a severance plan may have been in existence since the day you were hired and included as part of your overall employee benefits.
At Kantor & Kantor LLP, our California severance benefits claims attorneys know the important role these benefits play in helping maintain your financial security after a job loss. We provide the professional, experienced legal representation you need when filing a claim or when a claim has been denied, to assist you in getting severance benefits you are legally entitled to receive.
Under the Fair Labor Standards Act (FLSA), severance pay is not a requirement. It is an agreement between the employer and the employee to provide income and benefits for a period based on the length of employment and other factors. While these benefits may be offered to employees at the time of termination, upper level managers and company executives often have severance agreements which are outlined at the start of their employment. These agreements generally include the following:
Your rights to severance benefits may be covered under the Employee Retirement Income Security Act of 1974 (ERISA), provided these benefits are part of a formal or informal plan established by your employer.
Under ERISA, your employer would be required to provide you with details regarding the features contained within your severance plan, as well as provide grievance procedures which must be followed in the event disagreements arise. If you are terminated from your position and your severance benefits are disputed or denied by your employer, ERISA provides a way for you to appeal the decision. Unfortunately, not all severance packages fall under ERISA guidelines, and it takes an experienced ERISA attorney to be able to determine which laws apply to your individual case.
If you are having problems getting the severance benefits you are entitled to from your employer, contact Kantor & Kantor LLP today. Our California severance benefits claims attorneys have the legal knowledge and skill you need to defend your interests and assist you in getting the compensation you deserve. Call or contact our office online today to schedule a case consultation.
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