My employer gave me a severance agreement with a termination date of Feb. 28, 2017, my employer informs me that I cannot sign the severance agreement before Feb. 28, 2017, and if I find a new job before then, I won't get the severance, is this legal?

My employer gave me a copy of my severance agreement with a termination date of Jan. 31, 2017, but my employer informs me that I cannot sign the severance agreement before Jan. 31, 2017, and if I find a new job before Jan. 31, 2017, then I won't get the severance. Is this legal?

1 answer  |  asked Dec 5, 2016 7:54 PM [EST]  |  applies to California

Answers (1)

Arkady Itkin
First, the severance itself is at the employer's discretion and the employer is not obligated to provide any severance. If they wish to condition it upon your not being employed until January 31, 2017, they may do and it doesn't violate any laws. It is puzzling, however, why they care. On a practical level, if you find a job but start working at a job a little after January 31, 2017, to give you time to receivve severance and close out everything with this employer, then you should be fine.

Thanks,

Arkady ITkin

posted by Arkady Itkin  |  Dec 5, 2016 9:22 PM [EST]

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