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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17210
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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Hello, I have recieved a letter of intent for separation

This answer was rated:

Hello,
I have recieved a letter of intent for separation of employment.
It states that upon speparation of employment I am eligible to recieve 12 weeks of severence at my current salary rate then also add a retention bonus.
i have found another position and am interviewing but will not be able to stay the full length of time they wanted (oct 1 2013) was scheduled to terminate. am i still eligible for the severance?
thanks for your assistance,
C Miller
i can be reached at: [email protected]

wallstreetfighter :

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

wallstreetfighter :

Is the other position with the same employer?

Customer:

no

wallstreetfighter :

Let me clarify,

wallstreetfighter :

the current employer wants you to stay until a certain date?

wallstreetfighter :

they want you to stay till 10/1 ?

Customer:

yes Oct 1,

wallstreetfighter :

The severance should not be affected, however the retention bonus, could be removed since you would be leaving early,

wallstreetfighter :

Be aware that severance agreements are regulated by the employers own policy,

wallstreetfighter :

if they are terminating you and giving you a severance, that should have no bearing on whether you find a new job, unless specifically written into the agreement.

wallstreetfighter :

If a separate retention bonus is given as well, that could be rescinded as you are no longer retained by them.

Customer:

ok and am i obligated to give notice equal to our pay period?

wallstreetfighter :

not unless it is written in the agreement.

Customer:

:-) the agreement states nothing about leaving before or declining off what the intent is.

Customer:

offer..

wallstreetfighter :

If there is no language stating that they can terminate the payments, it would be difficult for them to stop payments, if you cannot continue,

wallstreetfighter :

and no notice period is given,

wallstreetfighter :

FL is an at will State,

wallstreetfighter :

so no notice is required by either party

Customer:

good to hear..i am praying for the call with the offer for the new position today :-) thank you..

wallstreetfighter :

Good luck, and if you have any further questions please do not hesitate to ask.

wallstreetfighter :

Make sure you sign the severance as well.

wallstreetfighter :

If satisfied with our service please provide us with positive feedback, thank you

wallstreetfighter :

thank you

wallstreetfighter and other Employment Law Specialists are ready to help you