severance and issue of contract

My company is closing down. I have been offered a severance pay the offer is less than what my colleagues have been offered.

I questioned this with our personnel department asking if the severance is structured differently for employees across the board. She quoted “HR director” – only for senior managers.

My colleagues are getting paid 1 month for each year service, whilst I and my other colleague are only being paid 2 weeks of service for each year! I would like to negotiate my terms can someone help me?

In addition the colleagues that are getting paid 1 month for each year were taken into the General Managers office (they all have a document that shows they are getting paid for a total of X months) although the document does not show how this payment is calculated. The HR Director had verbally let them know it was one month of service for each year. They are now trying to go back and let these people know they made a mistake – and that they should be paid 2 weeks for each year. Can they do this?

In addition to this – my colleague and I who are told we will get 2 weeks for each year – I had to interview for our positions – there are 3 of us that interviewed for it.

I had outstanding performance for 2008 they did not do a performance review for 2009 both my colleague and I get paid salary and commission YTD I am at 105% attainment and last year I also had great numbers attained. The colleague that did get the position had requested FMLA she could not do it as she had to take 2 weeks off and decided to kept working – her attainment was low (less than both of ours) she is sick 4 months this year and subsequent years as well – she is based in SD and this office will keep open. However, the position we had applied for was remote as our Denver office will close.

Can someone help me and let me know my rights! Both my colleague and I are minority the person who got the job is white.

Thanks for all your help