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aI replacing my position without severance

Started by losing_my_mind_here_21 · Jan 26, 2026 · 1,192 views · 31 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
LM
losing_my_mind_here_21 OP

I'm in a difficult situation and trying to figure out my next steps.

AI replacing my position without severance. I've been dealing with this for about 7 weeks now and the situation isn't improving.

I have worked at this company for 3 years. My position is non-exempt and I do not have a written employment agreement beyond the standard offer letter.

What's the typical outcome in situations like this?

CD
case_dismissed_69_12

I went through almost the exact same thing.

In my case, it took about 4-8 months to resolve. The key was filing with the appropriate government agency.

LI
LitigatorAnna_4 Attorney

Licensed attorney — a few thoughts. Here's my take on the legal issues.

The legal framework here involves both federal and state law. At the federal level, Title VII. Your state may provide additional protections.

Before taking legal action, consider sending a formal demand letter. In many cases, this alone resolves the issue.

QT
quinn_t_5

Not a lawyer, but I have direct experience with this.

Don't make the same mistake I did -- is having everything documented. I'd recommend keeping a detailed timeline instead.

AC
amanda_c_18

Have you tried reaching out to your state's bar association? They sometimes have free resources or mediation services.

JU
justmyopinion_5

Been there. Here's what I learned.

I ended up hiring an attorney to send the initial letter, which cost about $2-4 but saved me a lot more in the long run.

CA
closing_arguments_17

Have you tried reaching out to your state's consumer protection office? They sometimes have free resources or mediation services.

NA
not_a_bot_i_swear_35

Have you tried reaching out to your state's labor board? They sometimes have free resources or mediation services.

JW
Justin_W_33

I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.

ST
startuplife_13

Oh god, another one of these.

What worked for me was hiring an attorney to send the initial letter. It took 2-4 months but was worth it.

EA
exhibit_a_hole_10

Been there. Here's what I learned.

In my case, it took about 2-4 months to resolve. The key was hiring an attorney to send the initial letter.

OI
order_in_the_court_21

Similar thing happened to me. The attorney I spoke with laid out options I didn't even know existed.

FP
fine_print_reader_9

I went through almost the exact same thing.

Once I asked for a supervisor things changed fast/manager. It took 1-3 months but was worth it.

BE
brief_encounter_19

NAL, but from what I've read, you should file a complaint. But honestly you should verify this with someone who knows your state's laws.

RK
rachel_k2_31

Ok so just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.

SM
smallbizhelp_19

Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.

CD
case_dismissed_69_12

Been there. Here's what I learned.

I ended up escalating to a supervisor/manager, which cost about $1-3 but saved me a lot more in the long run.

BA
beyond_a_doubt_26

NAL, but from what I've read, you should send a written demand. Your mileage may vary depending on the specifics.

MD
mark_d_92

Same boat last year. They cut my role and called it a "restructuring" because they brought in some automation tool. One thing I'd flag right away: in most places there's no general legal right to severance unless it was promised in your offer letter, a handbook policy, or a written agreement. Worth digging through your paperwork for any language about severance or notice.

What did your offer letter actually say about termination? That's the first thing I'd reread before anything else.

SK
SaraK_LA

The part that jumped out at me is you said non-exempt. That matters less for the severance question and more for whether they paid out everything you were owed at the end, final wages, any earned but unused PTO if your state requires payout, unpaid overtime, etc. Those are real claims even when severance isn't.

Not legal advice, just my experience, but the "AI replaced me" framing is mostly a distraction. The legal questions are usually about what they owed you in actual wages and whether they followed final-pay timing rules in your state.

GS
gigworker_sf

Did they pay your last check on time? Some states have penalties for late final wages and they can add up per day. Generally varies a lot by jurisdiction so check your own state's labor agency page.

When I went through this I just submitted everything to my state labor board myself. No lawyer needed for that part.

EA
EmploymentAttyJD Attorney

Licensed attorney here, general info only and not advice for your specific situation. A few things to separate out, because people conflate them. First, severance: in most US jurisdictions there is no automatic legal entitlement to it. It generally has to come from a contract, an offer letter, a written policy, or sometimes an established practice. Read your documents for that.

Second, the layoff itself: most US employment is at-will, so eliminating a role, including replacing it with software, is usually lawful by itself. It becomes a problem when the real motive is something protected (age, disability, retaliation for protected activity, etc.) or when a larger mass layoff triggers advance-notice laws. Whether any notice law applies depends on headcount and how many were let go, so the facts matter.

Third, and this is where I'd focus: unpaid final wages, overtime, and any required PTO payout. Those are concrete and enforceable. I'd document hours and amounts and look at your state's wage agency. This is general information, not legal advice, and laws vary by state.

CQ
contract_questions

OP, quick clarifying question, did they have you sign anything on the way out? A lot of companies hand you a release or separation agreement and offer a small severance only if you sign away your right to sue. If they did, don't sign under pressure and read it carefully first.

If they offered nothing and asked you to sign nothing, that's different and honestly a little unusual for a 3 year employee.

RB
RJ_Brooklyn

Don't forget to file for unemployment if you haven't already. A position being eliminated is usually a qualifying reason in most states, so that's income coming in while you sort the rest out.

Separate from any wage claim, but it's the thing people forget in the stress of it.

MF
mike.flynn

Update from my own case since people asked me to follow up: I filed a wage claim with my state agency over a late final paycheck and unpaid OT. Took a while but they released the funds after about 31 days once the company got the notice. The threat of the agency getting involved did more than my own emails ever did.

Keep every pay stub and your offer letter. The documentation is what made it move.

LA
laidoff_again_tbh

The "7 weeks and not improving" line worries me a bit. Are you still technically employed and not getting paid, or were you actually terminated 7 weeks ago? Those are really different situations and change what you can do.

If you're terminated and they still owe you a final check, the clock on penalties may already be running in some states.

KM
KellyMartinez_Mod Moderator

Friendly mod note: this thread has some solid general info, but please remember nobody here can give you advice tailored to your state without seeing your documents. Treat everything as a starting point.

OP, if you let folks know which state you're in (without sharing private details), the responses can point you to the right agency. The rules genuinely differ a lot from one state to the next.

DD
denver_dev_88

Was your role part of a bigger round of cuts? If a company lays off a large chunk of people at one site, some advance-notice laws can kick in and that sometimes comes with back pay if they skipped the notice. Totally depends on the numbers and the jurisdiction though.

If it was just you and a couple others, that probably doesn't apply, but worth asking how many were let go.

AA
annoyed_in_austin

Honestly the cheapest first move is a short letter, even one you write yourself, laying out exactly what you think you're owed and the dates. A lot of companies pay the clear stuff (final wages, PTO payout) just to avoid an agency complaint.

Save the lawyer money for if they ignore you or if there's a real discrimination or retaliation angle. That's just my take after going through it, not legal advice.

PL
PriyaEmploymentLaw Attorney

Attorney, general information only. I want to reinforce the deadline point a few people raised. Different claims have different time limits, and they are not all the same. Wage claims, discrimination charges, and contract claims can each run on separate clocks, and some discrimination claims require filing with an agency within a fairly short window before you can sue. Missing that window can bar the claim entirely.

Practically, that means it's worth at least getting your situation assessed sooner rather than later, even if you ultimately handle the wage piece yourself. I'd avoid signing any release until you understand what you might be giving up. This is general info, varies by jurisdiction, and isn't advice for your case.

FS
former_startup_hr

Used to do HR at a small startup, so a perspective from the other side. When someone pushed back politely and specifically (here are my unpaid hours, here's the PTO balance, here's the offer letter language), we usually paid it because fighting it cost more than it was worth. Vague angry emails got ignored or sent to counsel.

Be specific and unemotional in writing and you'll get further than you'd think. The startup may not even realize it shorted you, especially if they're scrambling.

SJ
still_job_hunting_22

Following because I'm about three weeks behind you, same story, automation tool took over my function and they offered nothing. Reading this whole thread was genuinely useful.

OP, would love an update if you get any movement. My plan now is: pull my offer letter and handbook, total up final pay and PTO, send a specific written demand, and file with the state agency if they stall. Seems like that's the consensus path here.