Legal Question in Employment Law in New York

Severance Pay while on Disability Leave
My daughter is 6 months pregnant with twins and home on disability from her job. She's high risk on modified bed-rest and has been in and out of the hospital 3 times in the past month. Her company has been bought out and she is being told that in order to get her severance package from the new company, she must be at work physically for one day in November, the day the company sale is finalized. If she does not show up for work, she will not get a severance package. Can the new company legally withhold severance pay to an employee who is out on disability at the time of the sale? I presume the implication here is that even if she were able to come to work for that one day, it would then negate the disbility payments she's currently receiving, correct?

Asked on 10/01/08, 1:24 pm

Donald W. Hudspeth The Law Offices of Donald W. Hudspeth, P.C.

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Re: Severance Pay while on Disability Leave

Unfortunately, we only practice business law, and then only in the state of Arizona.

Answered on 10/01/08, 9:20 pm

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