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After 5 successful years with a manufacturing Company I was told in late September, that due to restructuring, I was being let go. My accounts were given to another employee. I was given 5 weeks severance pay. I am 64 years old. I have gained new employment starting November 1st.
By securing another job you mitigated, or capped, your damages. The 5 weeks of severance pay covered the greater part of your period of unemployment so you can't pursue more severance from your former employer. That said, if the company's payroll is at least $2.5 million then they owe you an additional 5 weeks of earnings, which you would be entitled to irrespective of your employment status. Do not hesitate to contact us at the number below should you wish to discuss the matter further.