My company has just gone through a restructuring. We have created several new positions. Unfortunately, we have to eliminate two old positions to make room for the new.
In the first case, John, the employee, was offered a guaranteed promotion in this restructuring, but informed that his current position was being eliminated in the restructure.
In the second case, Jane, is being offered a chance to interview for one of the new positions, but she is not guaranteed to have it (though both her and I know she is the front runner). The reason she is not for sure getting the promotion is that there have been disciplinary issues in the past, but she if the front runner because she is **** good at what she does. Her current position is also being eliminated.
What are my responsibilities according to the law here? Do I have to offer them severance pay? Do I have to give them a specific window to decide? I'm under the impression my back side is covered, but another opinion always helps.