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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 4466
Experience:  Exclusively practice labor and employment law.
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My job has been eliminated. My severance package states that if I dont actively seek

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My job has been eliminated. My severance package states that if I don't actively seek and use their agency provided to me to look for another job, that they can stop my severance pay. Also, if I do find a job , that the severance pay stops. Why can't I just get my severance (12 weeks) and then my accrued PTO time, without having to look for work? I need some time off and would be able to find work in February when my checks stop. Why can they stipulate my having to look and not just let me have the severance due me? This doesn't happen until I sign the contract stating this.

Hi, My name is XXXXX XXXXX I’m happy to assist you with your question today. I’m sorry to hear about your termination of employment.

I understand your frustration with the proposed severance agreement, but there are no laws that would mandate any particular terms of a severance agreement or that the employer offer you severance at all. Rather, severance pay is completely a creature of contract; specifically the parties' bargain and mutual understanding of the terms of the severance contract. Thus, unless you are somehow able to convince them to reconsider the terms of the proposed agreement, then you'll have to decide whether to accept or decline this proposed agreement.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.

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