If I am laid off, does my employer have to pay me severance?

Not necessarily. There are no state laws in California or federal laws which mandate severance pay for fired or laid-off employees.

There are a few instances in which severance pay is usually given, however. If severance pay was included in terms of an employment or union contract, then that must legally be honored. If you believe you were fired or laid off due to an illegal reason such as discrimination and retaliation, you should consider speaking with an experienced employment law attorney before signing your severance agreement. Often the agreements contain language that can prevent you from being able to pursue legal action against your employer.

Other Employment Law FAQs:

• Can I Be Laid Off While Pregnant?
• If I was sexually assaulted many years ago, can I still bring a civil lawsuit for damages?
• I was sexually assaulted or harassed at my workplace, but I was then laid off due to COVID-19. Do I still have a legal claim?What are some of my options?
• Can I get fired for reporting sexual harassment to my employer?
• I was sick and had to take a leave of absence. When I came back to work, I was fired. Is it wrong for me to be fired?
• If I am laid off, does my employer have to pay me severance?
• According to the rules for overtime pay in California, how long do I have to file an overtime pay claim?
• Am I entitled to overtime pay?
• Are there any restrictions on what an employer can ask me during a job interview?
• Can employers assign work based on employees’ ages?
• Can my employer ask about my age?
• Can my employer legitimately deduct anything from my paycheck?
• Can my former employer give me a bad reference to a potential employer in the future after I have reported sexual harassment?
• Can temps file discrimination lawsuits?
• Does an employer have to give me rest breaks?
• Does sexual harassment have to involve sex or other physical contact?
• How and when do you file an unlawful retaliation lawsuit?
• How can I prove age discrimination in my workplace?
• How do I recognize on-the-job discrimination?
• How is illegal retaliation defined?
• How is national origin discrimination defined?
• How to Report Sexual Harassment at Work?
• I am scared to report sexual harassment because I fear that I will be retaliated against by my employer. What should I do?
• I have recently become disabled and cannot do the work I had been doing. What should I do?
• I was bypassed for promotion because I’m pregnant. Is that legal?
• If my employer violated the terms in the employee handbook by firing me, can I hold him responsible?
• Is an employee or applicant protected from discrimination because of their past pregnancy?
• Is my employer responsible if I am sexually harassed at a company-sponsored event outside of working hours?
• Is sexual battery charged as a misdemeanor or felony?
• May an employer ask an employee or an applicant if they are pregnant or if they intend to become pregnant soon?
• My employer does not pay mileage reimbursement when I use my own car for company business. What is the California law on mileage reimbursement?
• My employer does not pay overtime pay. What is the California law on overtime pay? Am I supposed to receive overtime on my commission also?
• My employer yelled and cursed at me. Can I sue him or her for harassment?
• What are my rights regarding breaks and meal periods?
• What are the federal and state laws and regulations which provide legal protections for employees?
• What are the signs of age discrimination in the workplace?
• What are the time limits for filing a sexual harassment claim?
• What can I do if I see my co-worker being sexually harassed? Can I file a suit against it?
• What can I do if I was wrongfully terminated?
• What evidence is necessary in order to help prove national origin discrimination under Title VII?
• What if I work in a small business and the person harassing me is the owner or supervisor?
• What is age discrimination? What are some examples of age discrimination?
• What is an “at will” work state?
• What is national origin discrimination under Title VII?
• What is overtime in California? Does an employer have to pay me overtime and how much should they pay me?
• What is the ADEA?
• What is the California law for vacation pay? My employer does not want to pay me for unused vacation pay when I quit or was terminated.
• What is the difference between sexual violence, sexual assault and sexual harassment?
• What is the Wage Theft Protection Act?
• What proof of discrimination at work do I need to include in a discrimination complaint?
• What qualifies as discrimination?
• What qualifies as sexual harassment at work?
• What should I do if I believe I was the victim of employment discrimination?
• What should I do if I was sexually harassed?
• What workplace actions are prohibited under the Pregnancy Discrimination Act (PDA)?
• Who do I tell when I feel I am being sexually harassed at work?
• Who is covered by the Wage Theft Protection Act?