Accepted Severance Package Wanting To Leave Company Early

My company was sold and the new owners served me with a WARN letter of mass layoffs. I chose not to apply for a new position and will be given a severance package. They are making me stay there for another 2 months. If I find a new job between now and then, can I leave the company and still be entitled to my full severance pay?

Asked on September 27, 2016 under Employment Labor Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It depends entirely on the terms of the severance package, since the severance agreement is a contract. Some such agreements allow you to leave early and get all your severance; others may let you leave early and get some (the pro rata share) of the severance; others--like, for example, one my wife just had--require you to stay the *full* time or else forfeit all severance. There is no one-size-fits all answer--it depends 100% on what the separation or severance agreement says, and you need to look at the agreement for you answer. If you don't understand it, bring it to an attorney to review with you.

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