
Job eliminated while on maternity leave - mmbr
I am on maternity leave and was recently informed that my position has been eliminated. Company is in CA. My role is Director Level. Was employee 4 of 9. Have been at the company 11 months, 1 year would have been day of return from leave and day options vested. My role was the only one eliminated. I was offered 1 week severance or accelerated vesting of my 1 year options. 1) How legal is this move on their part? and 2) What is a fair severance package for this level and under these circumstances?
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greenyoda
One week of severance pay doesn't sound like much, and your options may or may
not ever be worth anything (assuming the company hasn't IPOed yet). But if
they did break any laws by firing you (or even if they violated their own
corporate policy), you might be able to get a legal settlement that's worth
much more.

So you should really consult with an employment lawyer before signing any
severance agreement, since those agreements always ask you to waive your right
to sue the company in return for any payment you may receive.

(Note: Since you've only been at the company for less than a year, you're not
covered by the FMLA[1].)

[1]
[https://en.wikipedia.org/wiki/Family_and_Medical_Leave_Act_o...](https://en.wikipedia.org/wiki/Family_and_Medical_Leave_Act_of_1993)

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yousifa
Not legal advise, just from my experience:

CA is an at will employment state, they can terminate you for any reason and
do not have to disclose. If there is evidence it is due to discrimination
though, you likely have a case. The other reason you may have a case for is if
they terminated you so they don't vest your shares, but they are offering you
accelerated vesting so that doesn't seem to be the case. IMHO negotiate a
better severance (e.g. 1 month pay + vested options for the time you worked
there before leave)

Re: fair severance -- IMO A fair value in proportion to your material
contributions to your business. 2-8 weeks pay + possibly accelerated vesting

Last and most important, if you really care about pursuing this talk to a
lawyer before answering anything from them.

