Large Layoff - WARN vs Severance Question

I was part of a large layoff from a company of over 100 employees. We were given two months of notice but our severance, (company policy is one week per year) was included in the notice. I had 10 years of service so I only received two weeks of severance.

Two questions: 1) Is this legal? and, if not, 2) What if I signed away my right to have legal recourse when I received the two weeks of pay?

More pertinent information: This company had three different divisions (Commercial Real Estate, Residential Real Estate and Retail Banking) plus Corporate in two different job sites. Although the company in total had hundreds of layoffs, our division (Commercial Real Estate) only incurred 35 or so.

Originally Posted by Unregistered

I was part of a large layoff from a company of over 100 employees. We were given two months of notice but our severance, (company policy is one week per year) was included in the notice. I had 10 years of service so I only received two weeks of severance.

Two questions: 1) Is this legal? and, if not, 2) What if I signed away my right to have legal recourse when I received the two weeks of pay?

More pertinent information: This company had three different divisions (Commercial Real Estate, Residential Real Estate and Retail Banking) plus Corporate in two different job sites. Although the company in total had hundreds of layoffs, our division (Commercial Real Estate) only incurred 35 or so.

Write a letter to the company with respect to your questions, it should not make any hurt. Meanwhile, go to EEOC for consultant.

They company should follow it's own police, otherwise it would be a breach contract.

Serverance contracts are not something that any company should be able to duck out on or short you; however, it seems that we are both in similar circumstances. From what I have learned while dealing with my issue you first need to contact the company (human relations dept.) and voice your concern. Secondly you should find what your next step in recourse is. If you were part of a union, call your union rep and explain your situation. If you were not part of a union sadly the next step is to see a lawyer for advice on a law suite. This is the route I had to take. My advice was to file a small claims suite but first I would need to collect some information:
My records of employment from that company
A copy of all my personal information from my employee file
All correspondance of previous requests and refusals for your severance
Pay stubs of what you did already receive (Part performance)
MOST IMPORTANTLY!!!!
A copy of the severance policy

After you have all of this imformation you can file your claim and serve your former employer.

Good Luck!

good advice!!