Why should I agree with a severance package that is below the big tech industry standard of 3 months and few weeks. They never offered me RUS or any bonuses ( only twice of 100 euros) during my 8 years work
Why can't I sue and get more?
12 replies (most recent on top)
In the US, I don't think there's any legally mandated severance package at the Federal level. Even in California, I don't think there's any even with WARN. So, the only reason to not take a package is to preserve a right to file a wrongful termination lawsuit. It seemed to me when I got laid off that there were a lot of older employees in the list, so perhaps I could have entertained an age discrimination suit. But I got enough that I didn't want to put that into jeopardy, and frankly, the legal climate in the US is not friendly to workers in this regard. But feel free to ask a lawyer their opinion. If you do win, the question would be how much you might expect to get, after the lawyers take their contingency fee.
Given there will be many people laid off similar to last September and March if rumors are correct, IMO it will be hard to prove that you were discriminated against. Oracle knows this. Any employment lawyer will also probably know this. Oracle might throw you a small bone to make you go away but that’s pretty much it. I’m not trying to be an Oracle apologist, as I’m not, just being realistic. I totally understand your anger though.
Your question is situation and jurisdiction specific. You should be asking a lawyer, not the peanut gallery here.
No business is “required” to give you anything…. So just take it and go about your business .
You have a choice - you can either sign to waver, a promise not to sue the company for unlawful dismissal, or you can refuse to sign and either hope they will raise the bar or retain an employment lawyer who would advise you on potentially filing a law suit.
If you playing hardball by refusing to sign , you will never be rehired but you might squeeze more out.
I got loads of money when I got paroled from Oracle in May. I would have taken 30-40% of what they offered. LMFAO.
@ap I did get a small pay increase in 2024. I was shown the door in 2025.
There is no legal requirement in the US to pay severance. What there is, is something known as "usual and customary", which is basically a suggestion. As we know, in the US O pays 4 weeks plus 1 week for every year of service. No the best severance, but not the worst either. I've worked at places where the dejobbed were given just 2 weeks.
What was surprising last year was that "garden leave" was also provided. In my case it was six weeks of full pay and benefits.
if you are in the US or India - you are sc--wed. if it's Canada, EU, AU / NZ - talk to a lawyer.
Probably because it meets the legal minimum in your contract and local laws.
Larry didn't get where he is by paying more than he has too.
Anyone had a pay bump in the past few years ?
@a5 it's that why you hire a lawyer? To handle the case on behalf of me.
I don't know, but unless you know why....talk to a lawyer if you can find one......they should be able to tell you why
Whilst, in the biblical story, David beat Goliath, in most cases David will get truly owned by the big beast.
Not wishing to be negative, but I would wish you all the best to sue and get more moola. I wouldn't rate your chances :-( but others on here may have better input for your chances ...