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Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 36984
Experience:  30 years in Employment law
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If you are given a severance package in writing and you are

Customer Question

if you are given a severance package in writing and you are taking the 21 days to sign it, can the employer change their minds and take it back
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ray replied 1 year ago.
Hi and welcome to JA. I am Ray and will be the expert helping you tonight.Here severance is totally optional, it is not covered by either federal or state law.Unless you intend to sue for wrongful termination or EEOC if you think they are going to withdraw the offer you may decide to take it while it is on the table. Employers don't often pull offers but nothing here legally prevents them from doing so , severance is totally voluntary and may be withdrawn here at any time so be careful. The law simply does not offer you any protection on t his issue so keep that in mind.It is risky here to let this linger , the employer can withdraw it if they choose.Again I wish I could tell you otherwise.I hope the law will change someday in this area it is sorely lacking. Reference. http://www.dol.gov/dol/topic/wages/severancepay.htm I wish you the best here , I hope you can resolve this and get some severance.
Expert:  Ray replied 1 year ago.
Please let me k now if you have more follow up.Thanks again.
Customer: replied 1 year ago.
so my copy is signed and I was turning it in tomorrow, what if they decided they don't want it. then what?
Expert:  Ray replied 1 year ago.
If they haven't notified you otherwise sign it and turn it in here, they likely will accept it.They usually want to resolve the issues and your severance is part of that.I wish you the best here.I know this can be overwhelming.It will give you some funds to move on with your life.I know it is hard here.
I think the employer will accept it if you sign it and turn it in.
Thanks for the follow up and chance to help.I really wish you the best here.
You might have the right to sue on the offer unless they honor it.They have not told you otherwise.Let's hope it gets done here.I will say a little prayer for you.
Expert:  Ray replied 1 year ago.
More reference.
http://www.aarp.org/work/employee-rights/info-07-2009/skladany_severance_pay.html
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