Howard Levitt: Calculating severance is more art than science, so don\u0027t expect to get what your colleagues got

I cannot overstate the number of times employees have visited our office complaining that some Curly, Larry or Moe was offered far more severance than they were and, therefore, that they should be able to sue to recover those greater amounts.

Severance entitlement cannot be determined by a formula or a severance calculator. It is as much an art as a science, looking at what might be as many as 120 factors courts might review in determining, with the major ones being re-employability, age, length of service and the status of the employee’s position. What others in the same company receive is totally irrelevant to another employee’s legal entitlement.

Although the employees were to be identified only by initials, given that information relating to only long service employees were to be provided, the initials would be enough to identify them.

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