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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12336
Experience:  Significant experience in all areas of employment law.
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I was just both on one hand Terminated and on another told

Customer Question

I was just both on one hand Terminated and on another told that i was on an indefinitely lay off. Are they the same?
JA: Have you documented this or discussed it with HR?
Customer: Yes HR gave me separation paperwork last Friday. A friend as me to contact someone to see whether they were mutually the same.
JA: Is the employment agreement "at will," union, full time or part time?
Customer: I believe "at will" i was full-time employed. Michigan is an "at will" state.
JA: Anything else you want the lawyer to know before I connect you?
Customer: it says on my 401 paperwork that it was indefinitely lay off as the reason for my discharge from the program.
Submitted: 1 month ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 month ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

The only significance in calling it a layoff rather than a termination is how it potentially affects any unvested 401k matching or pension benefits from your employer. Certain employers have policies which provide that these unvested benefits are forfeited in the case of termination, whereas not forifeted in the case of a "layoff," which implies no fault on the part of the employee. Whether the distinction between "layoff" and "termination" matters for you in this regard depends entirely on how any 401k or pension vesting agreement is worded.

Aside from this potential significance, a "layoff" and "termination" are the exact same thing. The law does not care what your employer calls it.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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