Legal Question in Civil Rights Law in Wisconsin

Severance Pay

My company has been down sizing for years. I recently was let go by the company in this down sizing effort. In the past 5 years I have seen several people in the company be affected by this effort. All of which were given a severance package, except for a few that had very little time with the company. The previous cut to me was a person with only about nine years of service. He was given a severance package. I was let go as of tomorrow, with 15-1/2 years of service and I wasn't given anything more than my paycheck and accumulated sick and vacation pay. Do I have any legal recourse, have I been discriminated against? I live in the state of Wisconsin.


Asked on 3/30/08, 5:54 pm

1 Answer from Attorneys

Jonathan Safran Samster, Konkel & Safran, S.C.

Re: Severance Pay

In Wisconsin, there is no inherent right to a severance package. If you have an employment agreement that promises you a severance package under the circumstances, then you may have rights to enforce for your former employer's failure to abide by that promise. Otherwise, any right you would have to severance would depend upon whether severance became a reasonable expectation on the part of employees working for this company, which is a very difficult claim to prove in most circumstances. It generally would require a written policy promising severance or a course of conduct that is so persistent it becomes a term or condition of employment upon which employees can reasonably rely.

You ask about discrimination. There is not enough information that you provide to determine whether there is evidence of unlawful discrimination. You generally have to have circumstances to show that the reason you were denied a particular employment benefit, a severance package in this instance, is due to your age, race, gender, or other characteristics protected by state, federal or local law. If you believe you were subject to unlawful discrimination because of a protected characteristic, you can file a complaint of discrimination with either the Federal Equal Employment Opportunity Commission or the Wisconsin Equal Rights Division. The Wisconsin ERD will investigate a broader range of protected categories, so it is generally best to start your investigation there. You can contact the ERD.

If you intend to pursue a complaint of discrimination, you must act diligently. Generally, complaints of discrimination must be filed with the administrative agency within 300 days of the discriminatory act.

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Answered on 4/01/08, 1:30 pm


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