Employment Law Questions? Ask an Employment Lawyer.
Thank you for the information and your question. If the severance is an extra payment that the Company is offering in exchange for the layoff/termination and not part of the 60 day notice, then the employer is free to withdraw the severance offer if an employee fails to stay to the end of the 60 day period under WARN. In other words, the employer is only required to give 60 days notice under WARN. If they don't give that much notice, they must pay wages for that period, however, they are not under any statutory duty to pay anything above that. Most of the time the severance offer will clearly state that there is a requirement that the employee be employed on the last day of the notice period. But, that is up to the employer. The only rule is that they must follow the terms of their offer.
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