Legal Question in Employment Law in New York
Now You See It, Now You Don't
This past Monday, 25 employees at the software firm I worked at were told that they were being laid off. I was one. But, out of those 25, I am one of a select 6 that were ''required''--by the terms of the severance package being offered--to interview for a few open jobs with a separate group in the company, whose employees are on-the-road 70% of the time. Here's the rub: if this separate group offers me (or any of the chosen 6) a job, and I turn it down, then I am NOT eligible for their severance offer, according to the verbiage in the offer (severance would be 9 weeks' salary for me). Moreover, HR--the department that let me go and provided the severance offer--is fully aware that I have kids and am averse to traveling. My just-lost job had me in the office every day, with no travel for the 20 months I've been with the company. My question is this: are they legally allowed to say that the severance offer is null and void if I turn down a high-travel job offer from this other group? Remember, 19 of the 25 hapless employees were not put into this catch-22 situation.
2 Answers from Attorneys
Re: Now You See It, Now You Don't
These situations are too complex to really go into by email. If you and the other 5 employees were all over, 40, or female, or a minority, and felt you were discriminated against you may be able to do something about it. If you wish to follow up, call or email me.
Re: Now You See It, Now You Don't
These situations are too complex to really go into by email. If you and the other 5 employees were all over, 40, or female, or a minority, and felt you were discriminated against you may be able to do something about it. If you wish to follow up, call or email me.
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