My company just permanently laid off over 40 people, and they…

If an employer demotes you then it's may be possible to argue that the employer created such an impossible situation for you that you couldn't continue to work for the employer and that if you leave, it's really that the conduct was such that it was tantamount to firing. This is called constructive dismissal.

If you are subject to constructive dismissal then this is wrongful dismissal because unless you were dismissed for cause you are entitled to notice.

So, it's possible that if you are demoted, in the sense that you have to do duties that someone less senior used to have to do, you may be able to leave and get the appropriate notice.

Of course, is would be dangerous to do so without first sitting down with an employment lawyer who would take a history and go over all the facts and details carefully before providing you with a legal opinion.

The fact that you salary doesn't change will factor in, but only to some extent. There is much more to a job then the money you are paid.

While it's sometime considered to be a general rule of thumb that notice should be calculated by saying you get one month for every year worked, that is certainly not carved in stone and there so absolutely no guarantee that you could get this.

The Courts look at what a responsible employer should provide and things like what you did, for how long, your age, how easy or difficult it would be for you to get another job are all factors that a Court would take into account.

You don't necessarily have the right to chose how they should treat you in terms of providing alternatives but given what I explained above you do have the right not to be demoted, in all likelihood.

So, no it's not true that if you decide to leave you will get a different package. If you are basically forced to leave you are entitled to appropriate notice. If you simply decide to leave and there's no valid reason you aren't entitled to anything.

You most certainly don't have to take any package. This is an offer and it's usually on the low side so there's room for negotiation. If you don't get what you want what you do need to do is to retain an employment lawyer. This doesn't at all mean that you will sue. It means that you will have someone who is an expert negotiate for you and will likely come away with a better deal.

The future package is the same thing. You are entitled to notice if you aren't being terminated for cause.

But, there is one practical matter too and that's about what the company can afford. If there's no money then you aren't going to have much to fight for and so to some extent if you feel that's going to happen you may need to take what you can get and get out.

I hope that helps as a starting point.

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