Legal Question in Employment Law in California

Outsourcing question

Hi,

The company I work for has announced they are outsourcing our division. We have been given job elimination dates for this summer. Many of us interviewed for jobs with the company that will be taking over our positions, though some of us were told after the interviews that there wasn't a match in their company and we should contact our HR for severance policy.

We have been notified by our employer of severance eligibility after our job elimination date. My question is this - if a person who was interviewed in our dept and told there was a job position for them at the new company decides they do not want to accept the job, can the new company then change their mind and offer the job to any of us who were turned down the first time?

The reason for asking is this: our employer's policy as I understand it is to forfeit any severance package offered if a job offer is extended by the new company and turned down by the employee. What we're wondering is, if the incoming company decides there is a match for our skills after all, can our severance still be forfeited if we turn down the job?

Thank you.


Asked on 3/26/09, 12:29 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Outsourcing question

The new company can offer to anyone they want. If you turn that down, you lose your severance.

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Answered on 3/26/09, 3:05 pm


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