I was laid off over 2 months ago and received servance pay. The company is offering me a position now. Will I have to return all the servance pay?

I was laidoff over 2 months ago and recieved servance pay. The company has made me a verbal office to return to work. Do I have to pay servance money back?

2 answers  |  asked Jul 3, 2018 2:52 PM [EST]  |  applies to Illinois

Answers (2)

Cynthia Pietrucha
I agree with Attorney Wood. Assuming you signed a severance agreement in order to receive the severance pay, the terms of the agreement will control.

Most severance agreements are silent on what happens to the severance money if you are rehired, but usually severance agreements state you are not eligible for rehire.

Before accepting the position, clarify your obligations as it relates to the already received severance pay and best of luck.

posted by Cynthia Pietrucha  |  Jul 3, 2018 4:27 PM [EST]
J. Bryan Wood
The answer to whether you have to pay back the money should be spelled out in the severance agreement you signed to get it in the first place. Some agreements require it; others don't. If the agreement does require you to repay it, you may be able to negotiate around it as part of the offer to bring you back. If the amount of severance at stake makes it worth it, you should consult a good employment lawyer to help you navigate this situation.

posted by J. Bryan Wood  |  Jul 3, 2018 3:04 PM [EST]

Answer This Question

Sign In to Answer this Question

Related Questions with Answers

Have an Employment Law question?

Virginia Employment Lawyers

Edward Lowry Edward Lowry
MichieHamlett
Charlottesville, VA
Gerald Lutkenhaus Gerald Lutkenhaus
Virginia Workers Compensation & Disability Lawyer
Richmond, VA
Matthew Sutter Matthew Sutter
Sutter & Terpak, PLLC
Annandale, VA
Matthew Kaplan Matthew Kaplan
The Kaplan Law Firm
ARLINGTON, VA
Sheri Abrams Sheri Abrams
Sheri R. Abrams PLLC
Oakton, VA

more Virginia Employment Lawyers