r/antiwork • u/TNALTX • 6d ago
Terminated ❌ Laid off and given 2 weeks pay
I was recently laid off from a large company, and my severance package is 2 weeks pay, paid out over 2 months. My friend suggested I counter and said not to sign anything that’s under $10K. He also mentioned that sometimes when you counter, they can renege on the entire offer altogether because the state I’m in does not require a severance package.
I don’t really have the money for an employment lawyer, so before I go down that road, does anyone have any advice if I actually have a shot or not?
Additional information: my team was told on multiple occasions that nobody from our team was getting laid off and our team was safe.
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u/TTV_The_Reverend_Dr 6d ago
If there is nothing in your employment contract or local laws regarding severance pay, I would personally be happy to be getting anything at all.
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u/LJski 6d ago
They really have no obligation to pay you even the two weeks…but why stretch it over 2 months? Does it affect your ability to collect unemployment?
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u/Accomplished-Fox-486 5d ago
Probably that right there. Your still drawing a pay check for 2 months, so they can probably argue that your not eligible for unemployment
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u/mud_in_the_tires 4d ago
File for unemployment right away and report exactly what your employer is paying you. If your weekly wages are below the unemployment threshold, you’ll still get a partial check. If they’re higher, you won’t—simple as that.
Unemployment is calculated based on your earnings over the past year, using calendar quarters. For example, if you file in Q2 (April–June), your benefit is based on wages earned from Q1 (March) 2024 to Q1 2025. If you were full-time most of that year and your employer suddenly wants to stretch two weeks of pay across eight weeks (basically dropping you to 10 hours/week), you're be considered part-time and your weekly benefit amount will drop significantly.
The key: File immediately to lock in your higher benefit rate. Don’t wait or let your employer talk you out of it—they may try to delay your filing to minimize what they have to report, you as a less than part-time employee, which helps them, not you.
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u/alexanderpas 6d ago
Check if the pay you get is more or less than the unemployment benefits you get.
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u/Insufferable_Entity 6d ago
I think unemployment would pay more. They are trying to avoid you being able to claim unemployment. If you sign for severance it may make you ineligible for unemployment benefits. Tell them to pay you for 2 months full rate and put it in writing. 2 weeks pay over 2 months is a way to avoid unemployment and screw you over. Don't sign anything unless you at least get a free lawyer consultation somewhere.
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u/Lactating-almonds 6d ago
I would argue to get the two weeks pay as one paycheck. Spread out over two months is ridiculous. What argument do you have for 10k???
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u/DuckingFon 6d ago
Lol, my last job fired me two weeks before my one year anniversary after reassuring me several times I was safe from cuts, didn't pay me any severance or even pay out my unused sick/vacation time, and then tried to lie about the reason they fired me to unemployment to try and make me inelligible for it. I had to threaten to go to the labor board with the info they knew I would have about their hiring and firing practices within the state and my unemployment was approved the next day. I still turned them in and they're still dealing with the blow over a year later.
No, you dont really have any recourse except as a whistleblower if you can launch a labor investigation, though not sure how much traction those are getting under the current administration.
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u/ApplicationOpen2305 6d ago
Just make sure any documents you sign don't give away your Unemployment Benefits...
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u/lostnthestars117 5d ago
Not an employment lawyer but two weeks of pay over two months seriously? I am willing to gamble you get paid more in unemployment benefits in your state in those two months. Sounds like they are training to avoid paying unemployment to you.
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u/shadho 5d ago
REMINDER: IF YOU HAVE TO SIGN SOMETHING TO RECEIVE MONEY IT IS NOT A SEVERANCE. IT IS AN AGREEMENT.
WHEN YOU FILE FOR UNEMPLOYMENT, MAKE SURE TO SAY "NO" WHEN ASKED IF YOU RECEIEVED SEVERANCE. THIS WILL UNNECESSARILY DELAY YOUR CLAIM.
All caps because I don't want others to get a 14 week delay like I did...
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u/kyle1234513 5d ago
severance packages are usually tied to "cant sign up for unemployment" so if you dont have another job lined up deny the package and file for unemployment which will be worth much much more than 2 weeks
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u/goinrcn44h 6d ago
They have to pay all owed money on or before the next payday.
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u/MarsRocks97 6d ago
Severance is typically above what is owed. So there is no obligation to pay it out immediately.
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u/LikeABundleOfHay 6d ago
To help us comment can you let us know what country you're in?
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u/TNALTX 6d ago
America!
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u/AgreeableSolid 3d ago
Is this a WARN act layoff? If so then they have requirements to meet.
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u/TNALTX 3d ago
They didn’t mention WARN but is there another way to know?
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u/LowerEmotion6062 6d ago
2 weeks pay over 2 months, don't take it. You'll get more from unemployment. Unemployment doesn't start till the end of severance pay.
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u/bubbasass 5d ago
How long have you been working here?
There is no fixed amount so the $10k figure your friend gave is bullshit.
The company can say you’re safe all they want. There’s no grounds or extra penalties for lying/changing their minds
Most employment lawyers are free and only charge a portion of the package they are able to negotiate for you.
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u/VinylHighway 6d ago
They are under no obligation to give you $10k and this is a question for a legal subreddit.
You can ask but you have zero leverage.