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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 38877
Experience:  Retired (mostly)
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If you receive severance pay payable every weeks for 6 weeks,

Customer Question

If you receive severance pay payable every weeks for 6 weeks, which date is considered your termination date, the date of termination or the date of last payment?

If you were 5 days short of pension qualification on date last worked, yet was paid for 6 weeks, what date applies?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  socrateaser replied 5 years ago.

There is no good California case law covering your issue that I can locate. The question boils down to what were the parties' expections under the severance contract, because it could be interpreted either way. As a general proposition, where an ambiguity exists in a contract, it is interpreted against the draftsperson -- which is probably the employer in your circumstance.

So, if there was no discussion of when your pension rights would terminate, and you were continued to be paid salary and benefits after your last day of labor, then that could work in your favor.

Unfortunately, the only way to find out for certain is to sue the employer if it doesn't agree with your interpretation.

For an employment rights lawyer referral, see this link.

Hope this helps.

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