The company I work for is closing. Most employees have been let go already. The company has not released all CNAs and RNs, due to one patient being left in the facility. All employees were given 2 weeks severance pay, which was due to start the day after we were told the facility was closing. Employees that stayed were told that any hours/days they worked after being told were being deducted from their severance package. Is this legal? We think we are being treated unfairly. If we do not continue to work, we will be penalized in the amount of money we receive.
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Of course it's legal. Unless you have a legally binding contract or CBA that specifically says otherwise, they are not required to provide severance at all. In many places, if you didn't stay till the end, you wouldn't get any severance. Pro-rating it is not only legal, it's doing more than a lot of places would.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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