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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15681
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

Resolved Question:

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: XXX@XXXXXX.XXX
Submitted: 1 year ago.
Category: Employment Law
Expert:  wallstreetfighter replied 1 year ago.

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If a separate retention bonus is given as well, that could be rescinded as you are no longer retained by them.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, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15681
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
wallstreetfighter and 14 other Employment Law Specialists are ready to help you
Expert:  wallstreetfighter replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

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