Can I still get severance if I quit?

Another blog post based on a caller question:  Can I still get severance if I quit my job?  Short answer:  Maybe.

Unless you have a contract, there is no obligation to give you any severance.  If an employer does give you a severance, it is to get you to agree not to sue the company.  That being said, many employment lawsuits require that the employee suffered an adverse employment action (i.e. something bad had to happen to you at work, like being fired, demoted, suspended, etc.).  So if you quit, you lost your job because of YOU - not because of your employer.  In these circumstances, it is hard to argue that you suffered an adverse employment action because of your employer.  For more information on this, here is an article about how employment discrimination lawsuits work.

If you want severance, don't quit.

Instead, call an employment lawyer.  A good New York employment lawyer can contact your employer, explain that things ar e not working out and figure out if there is a way to soften your landing on the way out.  An employment lawyer can assess your leverage points and possibly help to negotiate your severance agreement.  Your leverage is only as strong as the strength of any potential claims you may bring against your employer - we can help you figure out what claims you may have and how strong these claims are.

Look for another job.

If you want to quit your job, obviously you aren't happy there.  Look for another job.

If you need help - please contact us.  We can help.