Legal Question in Employment Law in California
Laid off and held hostage for severance
I was laid off on Sept. 5th, and was told that I would only get my one week severance if I agreed to stay on in my position until 10/3, when my supervisor would return from vacation. If I took another position before 10/3 then it would be considered a voluntary resignation and I would lose my severance pay.
Can my employer lay me off and then hold me hostage for my severance pay?
1 Answer from Attorneys
Re: Laid off and held hostage for severance
If the payment of severance is is a benefit provided as a term of your employment, your employer may not condition your receipt of severance pay on your remaining an employee until a date after the announced layoff. If it is not a part of your benefits package, your employer can condition payment on your staying on until a later date.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
