JB720LA
12-12-2006, 12:34 PM
California - On September 19, 2006 I was handed a severance package which sets December 29, 2006 as my date of termination. In September I was told to receive the severance I must continue to work until 12/29 and upon execution of my company's release form. Okay this is all fine & good and I plan to work until 12/29.
Now the issue is as follows; last week I was told that the company would like to extend my employment to February 16, 2007.
Questions:
1) Can they deny me the promised severance package if I do not want to work for the company until the extended date of 2/26?
2) If I decide to stay on for the extended time, is the company obligated to pay me the promised severance on the promised date of 12/29?
cyjeff
12-12-2006, 12:36 PM
1) probably yes... but I don't know. Severence isn't a legally required action and, therefore, there aren't laws which govern it. Ask your HR professional or a lawyer.
2) probably not... but see above.
It will depend on the terms of the severance agreement. However, the most likely answers to your questions are:
1.) Yes
2.) No.
Pattymd
12-12-2006, 12:56 PM
1.) Yes
2.) No.
In no particular order. Just kidding, OP. :rolleyes: :D
BSPCPA
12-12-2006, 03:19 PM
I try not to "overpost" members who have answered questions, but I feel the need to here.
While it is true that no law specifically requires severance pay, an employer may be legally obligated to give you severance pay if it promised to do so and you have fulfilled the terms of the severance arrangement. There really is no way to ascertain what you are "probably" or "most likely" entitled to receive without reviewing the specific terms and conditions of your severance arrangement. Accordingly, you should have a labor lawyer review the specifics of the severance package that was presented to you.
Irish InHouse Lawyer
01-12-2007, 08:01 AM
I have to agree with BSPCPA here. It sounds like it's a matter of contract law, rather than employment entitlements. If you were told in September that you would be paid a certain amount if you worked until December, and you then did indeed work until December on the basis of that promise, I believe the employer would be prohibited from not paying you your severance package.
If course, if you did agree to stay until February, you could always negotiate an enhanced severance package :)
