Legal Question in Employment Law in Virginia

Is This Legal?

I am a contractor for a major company. My current contract runs out on November 30th. I am being laid off, and was asked to sign a form stating that I would be laid off effective on November 30th. I did, and was told that if I didn't find a job within my company or the company that was taking over my position, that I would recieve severance pay.

Today, I was told that my layoff date was being changed to January 14th. I have signed no form to this effect. I found out that my boss had these forms but didn't give them to me or my co-workers because he knew we wouldn't sign them. We were told that if we didn't stay till January 14th, we wouldn't get severance pay.

Another co-worker and myself have already found other work. My start date for my new job is December 18th, and I have no choice but to leave my company. My question is, is it legal for my company to change my layoff date? I have a signed form from management and signed by myself saying that my layoff date is November 30th. Are they able to just change it and take away my severance pay like that? My company has a written severance pay policy and routinely pays severance to laid off employees.


Asked on 11/15/06, 2:19 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Is This Legal?

Unless you're working under a contract of employment which would protect you against the kinds of arbitrary actions which you've described, the answer to your question must necessarily be yes, it is legal for your company to change(arbitrarily)your layoff date.

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Answered on 11/29/06, 7:05 pm


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