Thread regarding Sears layoffs

Eddie’s plan for severance will probably only apply to those still employed by the BUs he purchased when he takes possession of them on 2/10. That means anyone let go prior to the bankruptcy or in the first round of closings will not be eligible under the new plan. Those laid off prior to the BK aren’t going to get anything, and those laid off post 10/15 will be covered under the applicable plan from SHC. Associates in the second, 80 store round of closings should still be eligible, but they will be right on the 45 day line when the liquidator takes over their employment vice Sears/Kmart. There will be no conversion of severance to the new plan for those who will have started receiving payments prior to Eddie taking possession.

The moral of this story is that one has to constantly follow up with HR/ASC, if you send in documentation make sure you send it proof of delivery and request signatures (certified mail). If someone tells you a fact from HR, call back the next day and verify it. Watch your checking account carefully and make sure they deposit the severance on time and the right amount. Last September they suddenly stopped this and I had to call and open a ticket to have it resolved. Don't assume they are going to do what they say. I am guessing due to layoffs they just don't have the over-site they used to have to make sure things run smoothly. They may ask for spouse verification for Cobra benefits- I faxed and also sent certified mail at the same time to avoid having them say 'we didn't get it'. The post office told me certified mail is legal proof that your info was sent. It does cost maybe 10 dollars to do it but it's worth it if a problem pops up.

I just filed for my severance a week ago (I didn't expect a severance). I wasnt relying on it, but i just filed and let me tell you when I faxed it in they got nothing (had to call to verify the info). I had to do some digging to properly have it on their end and they got it and approved it.

I wanted to push this ASAP because how the company is doing and what I have read here they can basically say no more severance and just stop it. I am just getting one month (I assume two pay checks) and I don't mind that at all. I heard management is getting 10 weeks.

Thats why anyone that was laid off and is getting severance send the paper work ASAP. They can stop that money any time and basically give you nothing the more you delay it the chances of getting something can be long gone for good.

When you read the severance agreement from Sears Holdings, there is a clause that states the company has the right to stop it at any time, for any reason. Therefore, tread carefully. If you live in Illinois and you get laid off with severance, apply for unemployment benefits right away. The state of Illinois does not consider severance pay 'wages'. Keep all paperwork you signed and organized, you might need to show this as proof to the state of Illinois if they audit your claim (which they did in my case). And... my severance was not paid in full so I had to file a claim with Prime clerk. Also watch your 88 sears account carefully as they occasionally send messages to you regarding your Cobra or other benefits.

To make this very clear: severance is not required in any state, county, parish, borough, city, village, municipal subdivision or other part of the United States by any law, rule, regulation or other directive. Your employer is never, under any circumstances outside of having a binding, written contract or CBA guaranteeing it obligated to grant severance.

As multiple others have stated, the WARN Act has nothing to do with severance. All that it does is require employers to provide either a 60 or 90 day notice of impending layoffs. That’s it, nothing in there about requiring severance.

Don’t spend it until it hits your account. Nothing is guaranteed. Look at the claims in prime clerk of all the people they screwed. I’m sure the she devil just laughs and quotes “let them eat cake”.

LOL

You mad bro?

Severance is a loophole around the WARN act. People get tired of beating THAT dead horse because dumb--ses like you don't get it.

Let's beat this dead horse again...

The Warn Act requires employers with 100 or more employees to provide 60 calendar-day advance warning of plant closing and mass layoffs. It has nothing to do with severance pay.

Per the US Dept of Labor " There is no requirement in the Fair Labor Standards Act (FLSA) for severance pay. Severance pay is a matter of agreement between an employer and an employee (or the employee's representative).

Personally, I'm not banking on any severance. It wouldn't shock me if the ESL's legal advisers find a loophole to get out of any severance offerings. I've heard of HR offering displaced employees "equivalent positions" in units across the state or country. If they decline HR flags them as a voluntary separation. This could be a tactic to keep employees from jumping ship or drawing severance during the store or unit closures. Hope I'm wrong but I'm personally very cynical of any leadership decision at this point. Good luck everyone.

You are getting the required amount via the warn act. People with 40 years got 10 weeks people with one year got 10 weeks. If they were not required to my guess is you would get nothing.

Quit now leech.

"Any chance we could get more of a severance package?"

Be glad you get any severance at all. It's not required.