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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20398
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I was placed on administrative 60 days leave with a

Customer Question

I was placed on administrative 60 days leave with a termination date. My employers did a mass layoff and mentioned WARN act. I am getting a severance package. If I accept a new job offer during this 60 days administrative period, can my employer decline my severance package?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Marsha411JD replied 2 years ago.


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.

Please feel free to ask follow up questions if you have them. Once you are satisfied that I have addressed your concerns, if you would take moment and leave positive rating in the above box, I will receive credit for my work. Thank you.

Expert:  Marsha411JD replied 2 years ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 2nd. For some unknown reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid) for our work, that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at:

Thank you.