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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18791
Experience:  Employment/Labor Law Litigation
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I was notified of a layoff last week, and told not to return

Customer Question

I was notified of a layoff last week, and told not to return to the office with an official payout date/termination date over 60 days away. But embedded in our paperwork is a notation that if we get an external job offer which would require us to leave prior to official termination date than its considered a voluntary resignation and we are no longer eligible for severance benefits. Is that something that they can do? I know many people who hold down two jobs and don't get in trouble for it so I'm not sure how that is possible but I wanted to ask someone. Please note that we are performing NO WORK and turning in our equipment during the 60 day waiting period. Thanks in advance.
Submitted: 6 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 6 months ago.
Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. An employer couldn't take away your right to seek employment else where by threatening you with the loss of another right, but the problem here is that severance is not a right. Noting in either state or federal law requires an employer to ever offer a severance. So, your ability to obtain a severance is not a right at all. It is a choice that the employer made, to grant a severance, and because they have the complete legal freedom to offer one or not, they can also place those limitations in its receipt that they fell are appropriate. They could even require you to agree to give up absolute rights (like the right to file an EEOC complaint or Department of Labor complaint) in order to receive a severance. This has been long standing law, so unfortunately, this is a completely legal requirement in the part of the employer. If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.
Expert:  Allen M., Esq. replied 6 months ago.
Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.