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?
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.
Have you tried reaching out to your state's bar association? They sometimes have free resources or mediation services.
Have you tried reaching out to your state's consumer protection office? They sometimes have free resources or mediation services.
Have you tried reaching out to your state's labor board? They sometimes have free resources or mediation services.
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.
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.
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.
NAL, but from what I've read, you should send a written demand. Your mileage may vary depending on the specifics.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.