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#1058513 - 10/05/08 03:12 PM Payout of Severance Delayed - WHAT?!
Anonymous
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Can "they" do this? Folks in one of our departments (can't say which...) were told their job was going from exempt to non-exempt and they had to travel daily to a location 62 miles away. If they chose NOT to accept that position, they would get severance, but the severance wouldn't start until after the first of the year. And - in order to GET that severance - they would still have to go to the other location. So - the choice is to quit and get nothing, take the job, or take the severance - which still means taking the job until the end of the year.

Is that legal?

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#1058536 - 10/06/08 02:56 AM Re: Payout of Severance Delayed - WHAT?! Anonymous
rlcarey Online
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rlcarey
Joined: Jul 2001
Posts: 78,649
Galveston, TX
Severance pay is a company policy and not required or governed by any law. Companies can basically do what they want, unless you are working under some sort of contract.
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#1058846 - 10/06/08 04:46 PM Re: Payout of Severance Delayed - WHAT?! rlcarey
BurntSienna Offline
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Joined: Aug 2006
Posts: 2,407
Midwest
I work in Illinois, an employment-at-will state. My employers can fire me today and escort me out of the building for no reason at all, or any reason they choose, so long as it isn't discriminatory or illegal. Nothing is "guaranteed" in employment unless you have a legally enforceable contract.

The vast majority of people who quit do not get severance pay at all in this country. The employees you are discussing have the opportunity to remain employed until the end of the year AND get severance then. Personally, I think they should count themselves lucky, dust off their resumes and conduct a job search over the next 3 months, and get some books-on-tape to lessen the stress of a longer daily commute. Compared to tens of thousands of other people who find themselves suddenly laid off, driving some extra miles for 3 months while being forewarned and having adequate time to secure other employment in the meantime doesn't really seem like such a bad deal to me.
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#1058977 - 10/06/08 06:18 PM Re: Payout of Severance Delayed - WHAT?! BurntSienna
TINKerBell Offline
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TINKerBell
Joined: Nov 2006
Posts: 3,238
Tiger's Den!
When I joined a new bank a few years ago, it was to be employed approx. 20 miles from my home. Within a year after accepting the position, the bank pulled out of the county and I was given a choice to either drive 68 miles one way to headquarters and remain employed, or be terminated. I chose to drive the distance, and counted myself lucky to still have a job. I took my time looking for comparable employment, and although it took 11 months, I found a position with another bank and left the other job in good standing.

I echo Cerulean....count themselves lucky to still be employed. The driving distance will be over in a few short months, then they will be happy to have the severance. Polish up the resumes and start looking for a new position, but don't let go of the one you have.
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#1063550 - 10/12/08 04:29 AM Re: Payout of Severance Delayed - WHAT?! TINKerBell
BBoyd Offline
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BBoyd
Joined: Mar 2002
Posts: 2,494
MI
It does seem interesting that they are delaying the payout by 3 months; suppose it's to be covered in next year's budget?
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#1063567 - 10/12/08 05:52 PM Re: Payout of Severance Delayed - WHAT?! BBoyd
Kathleen O. Blanchard Offline

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Kathleen O. Blanchard
Joined: Dec 2000
Posts: 21,277
Usually in this kind of situation you see a "work through" date that ties to the actual move, giving planning time to have staff up and running by the start of operations at the new location. In this case, the bank seems to have decided to move immediately, and the work through dates involve working at the new location while the bank hires permanent staff to replace those who do not choose to transfer.
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