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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 19107
Experience:  B.A.; M.B.A.; J.D.
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I was recently involuntary separated from my organization. I

Customer Question

I was recently involuntary separated from my organization. I was a "Global Career Level E" employee as a manager. Our organization keeps us on payroll for 60 days post notification. During that time, we can apply for positions. I applied for a lateral management position. I was verbally told by the hiring director that I did not get that job, but that she would like to put me in a sales representative role. I told her I would consider it & that there were 4 things that were important to me. I listed those for- salary increase, Sr. Executive title & a few other items... She said she would look into my requests. This sales position is a "Gloabal Career Level D"- which falls in a different Global Career Level entirely. (A,B,C & D fall together, E&F are in a different category)
I have been doing some thinking since then & I just don't know if I can take the step down to sales representative.
Here is what the involuntary termination paperwork says on "Transfer to New Job Position"
If your former job position ends or is eliminated & the company offers you a New Job Position that does not require you to relocate, you have not been involuntarily terminated by the Company & you will not receive benefits under the plan even if you refuse to accept the new job position. Further, once you accept any job position offered by the company, you are not entitled to benefits under the plan unless your employment is subsequently terminated on account of an involuntary termination.
A New Job Position is a job position offered by the Company that is no lower that the Global Career Level of your current job position, provided that upon transfer to such job position, your base salary, determined as of the date the offer is made, is reduced by no more than ten percent (10%).
My question is this- if she gives me a formal offer in writing tomorrow that is a salary increase, but a global level below my current, am I obligated to either take it or lose my severance package? Or can she offer me the job & it will always be my right of refusal & still keep the separation package as an option?
Submitted: 10 months ago.
Category: Employment Law
Expert:  Phillips Esq. replied 10 months ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 10 months ago.

You are obligated to take it or lose your severance package.

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