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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17080
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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What is the difference between the termination date, the day

This answer was rated:

What is the difference between the termination date, the day I am given severance papers, and the end of my employment?

Isn't the end of my employment synonymous with the termination date? I was given severance papers which had a future termination date; however, my employer is saying that my employment with the bank ended when I got the severance papers?

When does one's employment end? On the termination date? Or on the date that you are given severance papers?

wallstreetesq. :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on.

wallstreetesq. :

You are actually terminated on your termination date.

Customer:

Hi, thank you for your help. Is the text in this chat viewable by all publically?

wallstreetesq. :

Their is no legal definition for a severance date, unless the company has a specific policy stating otherwise, the termination date is what matters.

wallstreetesq. :

This conversation is private, however it could be searched through the internet.

wallstreetesq. :

But all customers identities are protected.

Customer:

My employer is saying that my employment ended with them the day that I got my severance papers.

wallstreetesq. :

If you have a termination date written for a later date, that should be your last day.

wallstreetesq. :

For instance, you cannot apply for unemployment benefits, by stating you were given severance papers, they will want to see your termination date.

Customer:

So should I just fax this letter to the insurance company? The insurance company that handles my short term disability benefits is saying that my employment with the company has already ended.

Customer:

However, the termination date has not occurred yet. There is nothing in the Company's policy or manual that distinguishes between the severance date and the termination date.

wallstreetesq. :

Yes, you can send the letter with the termination date,

wallstreetesq. :

Also, if their is confusion, the language is what matters also the last day of work can be claimed as the termination date as well.

wallstreetesq. :

For example you could have a later termination date, but if they fired you before that date or told you not to come to work before the termination date, than that would be the termination date.

Customer:

They did not fire me, I was laid-off in a RIF.

Customer:

So I do not think they could tell me NOT to come into work, if they gave me two weeks on the papers?

wallstreetesq. :

Yes.

wallstreetesq. :

The last day you worked can be the termination date as well

Customer:

Don't they have to give me some kind of document that states that?

wallstreetesq. :

They should have given you something in writing, however if you were given papers stating your termination date is in the future, but you are no longer working until that time, than your last date of employment should be the termination date.

Customer:

well i was no longer working because I was out on disability; i was told by my insurance company that my job was protected because i was on FMLA leave.

wallstreetesq. :

If you were on FMLA and they layed you off, consider a retaliation lawsuit, as your job is supposed to be protected.

wallstreetesq. :

Than your date of termination should be the date stated on your letter.

Customer:

OK, so if I was given severanc papers while on leave, and then went out on leave full time....then my end of employment would not be the last day worked it would be what is on the severance letter?

wallstreetesq. :

Yes, unless they have some policy stating otherwise

Customer:

Well doesnt the federal law govern any private policy?

Customer:

Arent they 1. required to communicate to you that you are being termianted and 2. communicate your termination date?

wallstreetesq. :

They are not required by law, however when you apply for unemployment the termination date is needed, so they know when to start paying you.

wallstreetesq. :

The UI office will make a determination based upon your last pay check work period in most cases.

Customer:

but the thing is, even if you didn't come into work you would still technically have vacation days

Customer:

i am still confused what my termination date was or should have been.

Customer:

i don't think they can terminate me on a date without telling me.

Customer:

their policy doesn't speak to what constitutes a termination date; are they required to disclose this somewhere in public materials if there is some governing policy. and if not, how am i supposed to figure out what it is and what my rights are?

wallstreetesq. :

I would go by your last day of pay, and if that is not clear since you were out on FMLA, than go by the termination date. The severance paper date would only be proper if you were told your employment ended, which you stated it did not.

wallstreetesq. :

If they wrote down your termination date, that is strong evidence for a later date.

Customer:

well they stated the severance paper date as 'day one' and then the termination date as two weeks later.

wallstreetesq. :

When was your last paycheck?

Customer:

i think i am still getting paychecks.

Customer:

in other words I think i am still getting paid, using vacation days or sick days that are filling my FMLA.

Customer:

my technical termination date is not until next week; so i really don't know if i am getting paid, or not, or how.

wallstreetesq. :

From your facts I would argue the termination date as later,especially if you are being paid after the severance date.

Customer:

well i agree with that too; except for the fact that my insurance company told me my employment has already ended.

wallstreetesq. :

That is the best way to handle your situation, it should be the date that you are no longer being paid.

wallstreetesq. :

You should send them the letter written by the employer, and see what they state.

wallstreetesq. :

They may be trying to cut off your benefits early.

Customer:

OK; i just checked my last pay stub for the dates of 4/1-4/15

Customer:

I def got 100% of my pay

Customer:

So should I send the pay stub and also the severance letter to my insurance company, which shows I am still employed?

wallstreetesq. :

Yes, all the information is best.

Customer:

ok great, thanks for your help!

wallstreetfighter and other Employment Law Specialists are ready to help you

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