There has been a great deal of turn over in the last few years.

People losing jobs.

Getting new ones.

People on unemployment.

And sometimes when people lose a job, and are asked to leave, they wonder if / why / how much of severance they are entitled to.

Under Virginia law you are legally entitled to NO severance. Yup. You heard me. There is no law in Virginia that says you are entitled to a few dollars when you are let go. None. No law. Zip. Zilch. Get my point?

The only way you are entitled to severance, is:
      (1) You have a contract that says you are entitled; or
      (2) Every other employee gets severance as early retirement, and maybe, under ERISA (federal law) you too are entitled.

So. If you are offered severance, and it comes with new strings attached, I would advise you to consider the positives and negatives of the terms. Do you really want to sign a new non-compete fro 3 weeks pay? What about a new non-solicit for 2 weeks pay?

Do some research. Call an attorney. And know your rights.

Lauren Ellerman
Lauren Ellerman

In 2011, Lauren Ellerman was named "Young Lawyer of the Year" by the Roanoke Bar Association for her work in the community. To speak with Lauren about your personal injury case, contact her at lellerman@frithlawfirm.com.