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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27887
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I have been given my three month termination notice by my company,

Resolved Question:

I have been given my three month termination notice by my company, can they revoke the termination notice (I was told that they can revoke the termination notice anytime they want too)?

Also, he told me that I can't leave the company for another job during my notice period or I may lose my severance. Is this correct?

Here is the message from my boss "Even if we give you notice, we are able to revoke that notice similar to what happened with other individuals".

We were a large company that had a massive layoff that was convered under WARN. Now we are only down to 10 employee.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  LawTalk replied 2 years ago.
Good morning,

I'm sorry to hear of your dilemma.

A termination notice is nothing more than a heads up that you are scheduled to be laid off at some point in the future. Such a notice does not legally preclude the employer from changing their mind and keeping you on, or deciding to let you go earlier than is provided in the notice.

Because severance pay is never mandatory under the law, employers may set any conditions that they want as required for an employee to qualify for the severance. Most companies who are planning layoffs and closings demand that the employee stay until a given date to be eligible for the severance payment.

Because the company is down to just 10 employees---well below the 100 needer to fall under the CA WARN statute---your company may pretty much do anything they want in terms of a layoff at this point.

You should find that your employer will not object to you looking for future employment while you are still working there----they are just demanding that you stay the 3 months to be eligible for the severance. This is all legal, and normal in business in a shut-down mode.

I wish you the best in your future.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.

Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

Doug
LawTalk, Attorney
Satisfied Customers: 27887
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
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