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Thread: Severance and "pushing" of employment end date California

  1. #1
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    Default Severance and "pushing" of employment end date California

    Hello all,

    I am trying to get clear, factual answers to the legalities involved with the attached email. In particular...
    1. Can the company push out my official employment end date and if so to what end?
    2. If I do decide to resign before the current end date of June 2nd, how much if any severance am I entitled to from there and is there a minimum amount of advanced notice required?
    a. Currently the severance is based on 13 weeks of pay.
    b. Employees that were not "volunteered" to stay on for this project (everyone but myself and another employee) received less severance I imagine (their end dates were March 3rd).
    Nothing was signed upon receiving this email; merely a couple meetings to announce then briefly discuss the department closure/outsourcing.
    More information happily provided if needed.

    Any assistance is greatly appreciated. Thank you in advance.



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  2. #2
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    1. yes the company can continue your employment as long as they want and you as an at will employee can leave whenever you want
    2. none that you are entitled to and none for notice (although some voluntary benefits such as stock options or vesting might depend on giving a certain amount of notice) -- doesn't really matter what others got that have already been let go if you leave voluntarily. Yes, sometimes it is better to be in the laidoff group if you are thinking of leaving after the first rounds.


    I read the attached email as you get no severance unless one of two things happen (1) you still 'til their chosen end of employment date which right now is June but could be extended or (2) you get the job at the third party and you might get some severance. I do think there is a grammatical mistake in the sentence about you quitting and it should say "don't" get severance. Otherwise it doesn't make sense.
    If you stay in another position at the company, you get no severance because you weren't terminated, just basically transferred.

    But honestly if you truly have questions, I am not your HR person and didn't communicate any of this. You really need to check directly with them.

  3. #3
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    Quote Originally Posted by hr for me View Post
    1. yes the company can continue your employment as long as they want and you as an at will employee can leave whenever you want
    2. none that you are entitled to and none for notice (although some voluntary benefits such as stock options or vesting might depend on giving a certain amount of notice) -- doesn't really matter what others got that have already been let go if you leave voluntarily. Yes, sometimes it is better to be in the laidoff group if you are thinking of leaving after the first rounds.


    I read the attached email as you get no severance unless one of two things happen (1) you still 'til their chosen end of employment date which right now is June but could be extended or (2) you get the job at the third party and you might get some severance. I do think there is a grammatical mistake in the sentence about you quitting and it should say "don't" get severance. Otherwise it doesn't make sense.
    If you stay in another position at the company, you get no severance because you weren't terminated, just basically transferred.

    But honestly if you truly have questions, I am not your HR person and didn't communicate any of this. You really need to check directly with them.
    Thank you for your reply, hr for me. Yes that did seem to be a typo to me as well; something to bring up tomorrow.
    Sadly what I figured but wanted to make sure I have the correct info for my exit strategy.
    Cheers.

  4. #4
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    Just a couple of points.

    1.) There are only three states where severance is ever required by law; California is not one of those three states; even in those states it is only required under limited circumstances.

    2.) It is SOP for severance to be withdrawn if you leave early - that's nothing unusual.

    3.) In this type of situation it is also not unusual for the employment end date to change, sometimes more than once.
    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.

  5. #5
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    Not exactly the question but "official end of service dates" are a legally complicated issue. It you look at what information you need to do various things, you will find it is hard to come up with one magic date that does everything. You might have a "last date worked date", a "last date paid date", a "last day of benefits date", and maybe a partridge in a pear tree.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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