I worked for a company that was purchased by another and they were beginning to lay people off. I had requested to be separated due to family issues and I had a job offer. I was declined twice. There were other individuals within this company that also requested to be severed and also had job offers and they were given a severance package. The level of the individual did not matter and in a way it was almost random but the employee's manager also could have a say on placing you on a separation list.

Is there any sort of discrimination, per ERISA, that I can use for an appeal? I have already left the company and have been denied on my first appeal for severance pay. I feel that the company saying yes to this person and no to this person, even though both employee situations were the same, was in fact discriminatory.

Thank you,

John

Most employment is at will and typically severance packages are voluntary on the part of the employer. Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html and http://resources.lawinfo.com/en/index.html. You can certainly try to speak to a lawyer to determine what legal options may be available. In the meantime, you may be able to learn more on your own. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.