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Loren, Lawyer
Category: Employment Law
Satisfied Customers: 33068
Experience:  More than 30 years in legal practice.
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I was told that I was working my last month and that I

Customer Question

I was told that I was working my last month and that I wouldn't have a job. They said I would get e severance package. Nothing was put in writing. Now they say that they were going to give me a second chance.
I never got told that they were unhappy with me or that I was doing anything that would cost me my job.
I fear that they are trying to take advantage of me and will find some way to not give me any severance pay.
I signed a yearly contract with them 3 months ago. I have worked for them for 4 years.
The company is Wasatch Academy in Mount Pleasant, Utah.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Loren replied 1 year ago.

Good evening. I am Loren, a licensed attorney, and I look forward to assisting you.

Expert:  Loren replied 1 year ago.

A bit of clarification would be helpful please. What is your legal question? Does the yearly contract you signed provide for severance?

Customer: replied 1 year ago.
To clarify, my recent performance review was very good. The school hired a new dean of enrollment and marketing. He informed me 09/07/15 the school's marketing is moving in a new direction and there is no place for me. He gave me a three week notice and I will receive a severance package for my contract. Today, 09/14/15, he informs me he wants to give me a "second chance." I know that the person they hired to "replace" me backed out at the last minute, so I'm relatively sure this is the reason for the "second chance." My question's are:
1. Should I accept this second chance offer?
2. If I don't accept, can they refuse me my severance package?
3. Should I just take some sick leave time for now?Kind regards,
Expert:  Loren replied 1 year ago.

Hi Lori. Thank you for the additional information.

Expert:  Loren replied 1 year ago.

If you have a written employment contract providing for severance then you are entitled to enforce the terms of the contract. If you have no written contract then you are an at-will employee and your employment maybe terminated at any time. Therefore, it behooves you to get any promises, including severance agreements, in writing.

If you refuse the "second chance" it will be interpreted as a voluntary separation and likely disqualify any contractual obligation to pay severance. So, clarify that before deciding whether or not to stay.

Expert:  Loren replied 1 year ago.

Are you still online with me?

Expert:  Loren replied 1 year ago.

Did you have further questions? Have I answered your question?

Expert:  Loren replied 1 year ago.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (Excellent or Good) so that I am credited for assisting you. A bonus is not required, but is always appreciated.