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I worked as management in a bank for 17 years and was

Customer Question
I worked as management...

I worked as management in a bank for 17 years and was involved in an armed robbery. I have been supported by WCB and I am currently working with them in the form of vocational rehab. My employer does not have an appropriate job for me as I can't work inside a bank any longer. They offered me a severance package at the end of October verbally. Now they have informed me that because Manulife will support me until May 2018 (end of 1 year of Long Term Disability) they can't provide me with severance until that time and if I begin employment at another company in the interim it would be considered me "quitting" the company and they would no longer have to provide me with severance.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Currently paid by WCB as this is more than what I would qualify for under manulife (manulife is not paying me any funds). If I was to get a new job tomorrow manulife would not pay LTD and WCB will pay me until I begin working.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think that is all

Submitted: 9 months ago.Category: Employment Law
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Answered in 41 minutes by:
11/23/2017
Employment Lawyer: Law Educator, Esq., Attorney replied 9 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 126,953
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Severance is at the discretion of the employer, so if they do or do not offer severance and the terms of that severance is up to the employer. However, if they consider what your insurer is able to give you as income and do not wish to give you additional severance until that income ends, they have a right to decide to do that. HOWEVER, it is not illegal for the employer to give you NON-WAGE severance for leaving and it has nothing to do with what your insurance gives you. So you have a right to negotiate that with your employer, but ultimately it is up to the employer to pay severance or not and they can set the terms.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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