Labor Laws and severance pay?

Old Feb 14th, 2011 | 09:13 PM
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Labor Laws and severance pay?

I have an interesting situation- after almost 20 years at same job, my job has pretty much been eliminated as of the end of the year . I am an RN in a large medical group but not involved in clinical care - I have been a nurse reviewer and there are no other jobs similar to mine in our association.
My manager now has me helping out in the dept doing tasks that do not require the skills of an RN - there is still a small bit of my old job that does require my skills - I would say I do about 5% of what I used to do.

Although job description has changed, I do not have a new job description in writing.
I am close to retirement so I am wondering if manager thinks I will just retire. I am considering that in June but all is dependent on how well the economy does. When this all came about I asked if I could not have a severance package and just be on my way and she said I didn't qualitfy - although I did not ask her to explain that. She said if I went to HR, they would put me in a "project pool" and they would try to fine a similar job for me.
I found out there is no project pool and I look at our job site daily to see if there is anything I would qualify for- and there is not.

I am considering going to HR on my own and challenging my managers refusal to request a severance package for me . I think if I go to HR over managers head, she will not be a happy camper.

Or- I could just keep doing what I am doing and wait it out and see what happens .

I know Fodorians will have opinions on this situation - how about a great solution
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Old Feb 14th, 2011 | 09:15 PM
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oops- meant to post on the forum - sorry!
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Old Feb 15th, 2011 | 12:52 AM
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I am a bit confused - do other people doing other jobs in your company get a "severance package" - and what exactly are you looking for in way of a severance package. In Massachusetts there is nothing in law that requires any kind of severance pay and employers can fire anyone at any time for any reason - other than for reasons of various protected classes (age, sex, race, etc.)

Sounds like you could get unemployment, but that is about it - but I must be missing something about a "severance package"
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Old Feb 15th, 2011 | 03:45 AM
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Severance packages are an OPTIONAL benefit, unless you have an employment contract already in place that stipulates you are entitled to a severance package in the event the company chooses to terminate you, they don't have to give you any additional pay once you leave.

Severance packages, when given, include additional pay, BUT they also include a contract that the departing employee must sign in order to receive the severance payments. The contract will include clauses such as, you will not take legal action against the company.

Severance packages generally don't apply to an employee who resigns.

I think for now, keep a positive attitude at work and don't give the impression you're ready to retire, quit, or whatever. Do the other tasks they have for you with a smile.

Just as you have started here, start keeping a written journal at home of each week's events and who said what in the event, what they have you doing for work each week, and any comments made relevant to you or your future there. You may not need the notes, but if you do, you have them.

They will be more likely to offer you a severance package if they want you to leave when they realize you are not going on your own!

I would stop asking about the severance package. Focus on seeing where you can fit in elsewhere in the company and see where things go from there.

P.S. labor laws do not cover severance packages.
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Old Feb 15th, 2011 | 09:41 AM
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I know nothing about your state - but I am not aware that there is anyplace that makes severance pay mandatory unless it's part of a negotiated contract.

You can check with you state labor board - but I would behappy that they are finding something for you to do at your current salary versus just cutting you lose with unemployment.
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