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socrateaser
socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 37951
Experience:  Retired (mostly)
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I have assurance that I will get a job post merger. I have

Customer Question

I have assurance that I will get a job post merger. I have no information of my new reporting structure, expectations or agreed scope. I am more inclined to leave as the merger RIF severance packages are very substantial. Despite the verbal assurance with no details, to which I was enthuthiastic, could I have lost the opportunity for severance?
Submitted: 4 months ago.
Category: Employment Law
Expert:  socrateaser replied 4 months ago.

Hello,

Because there is no state or federal law which requires severance (except, under the federal WARN Act where 60-day notice or equivalent pay is required when an employer terminates at least 100 employees), an emplooyer's offer of severance is entirely controlled by the severance offer itself.

If the employer has offered severance in a notice to a class of (or all) employees, and you are within the scope of the notice, and there is nothing in the offer which would otherwise preclude you from accepting, then you may accept, and the employer's failure to pay the severance, would be a straight breach of contract for which you could sue.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.

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Expert:  socrateaser replied 4 months ago.

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, I receive nothing for my efforts in your behalf.
Thanks again for using Justanswer!

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