If you are given notice so apply for a new job at the same company and get it but decide to turn it down, do you give up your original severance package?

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If you are given notice so apply for a new job at the same company and get it but decide to turn it down, do you give up your original severance package?

Asked on November 18, 2015 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

While an exact answer depends on the terms of the severance package (since severance is not required by the law--employers may legally terminate you without severance--employers may put any terms  or conditions they like on severance). So what you describe, not receiving severance if you apply for, then turn down, a new job at same company, is legal, and they would only have to pay you the severance if the terms of the severance package (or under which you applied for the new job) specifically said you'd receive severance in this situation. Otherwise, your employer can deny you severance.


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