Legal Question in Employment Law in California

Hello, I was laid off after 15 years and was given a severance package of 12 weeks which will be paid every two weeks like regular pay. I re-applied for another position in the same company and after 1 week they offered me the job I applied for at half the pay of the previous job but stated I would not receive the severance package I already signed for. There was no mention of this policy in the signed documents. Is this legal? Thanks much


Asked on 8/08/13, 10:46 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Is this legal?

Yes. It is not 'illegal' or criminal. It might be a breach of the contract terms, depending upon what the terms actually are.

If you don't like those terms, don't take the offered job.

And, in fact, if you are offered and decline another job in the same company, it is possible you could lose any unemployment benefits that you may be receiving. Although, at only 1/2 the pay, it is probably not a 'comparable' job under the defiinitions of EDD.

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Answered on 8/10/13, 12:06 pm


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