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  • Severence Pay Hawaii

    My husband was recently offered a severence package from his empolyer after 33 years of employment. When he asked for the offer in writing, he was accused of being a "trouble maker". He was also asked to make a decision within 24 hours (actually they really wanted it on the spot). Are there any guidelines as to if this offer should be in writting and the amount of time one has to make a decision? He was also told he should apply for unemplyment and was made an offer to stay. Wouldn't the offer to stay cancel out the unemplyment benefit?

  • #2
    There are no laws that require a severance agreement to be in writing. With rare exceptions, there are no requirements for severance agreements at all.

    With regards to the length of time he has to agree to it, the answer is, it depends.

    1.) How old is he?
    2.) Is he being asked to give up any rights to sue in exchange for the severance?

    An offer to stay which he refuses can end in his being denied unemployment. We do not have enough information to make an informed judgement in this case.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Severence Pay Hawaii

      Thank you for your reply. He is 52 years old and is not be asked to give up
      any benefits and is in good standing with the company.
      He is an ILWU member with retirement earning topping out in 2 years. (35 years maximum). If he takes this severence offer is he still entitled to retirement benefits?

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      • #4
        If he is not being asked to sign a waiver in exchange for the severance, they do not have to allow him any particular time frame to sign.

        Severance has nothing to do with retirement benefits. Accepting the severance will not affect his retirement package.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          Originally posted by shawnspearls View Post
          He was also asked to make a decision within 24 hours (actually they really wanted it on the spot).
          He is over 40, which was obvious, since he has worked for 33 years and it is unlikely that he began work at the age of seven.

          There are special rules for folks over 40 and I do remember that they have considerably longer than 24 hours to make a decision on a severance offer. I just can't tell you how long you have right now.
          Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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          • #6
            Scott, those rules only apply if he is being asked to sign a waiver. Since he is not, they are not applicable in this situation.

            Please forgive me for missing the 33 year reference.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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            • #7
              Originally posted by cbg View Post
              Please forgive me for missing the 33 year reference.
              Heck yes, I forgive you for that. I missed that the company was not asking for a waiver.
              Last edited by ScottB; 02-09-2007, 01:22 PM.
              Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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              • #8
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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