If I get laid off with severance pay and am later rehired, mustI return the money?

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If I get laid off with severance pay and am later rehired, mustI return the money?

My boss rehired me 3 weeks after paying me severance pay. Now its been months since I returned and she is asking for it back. Do I have to pay?

Asked on August 12, 2010 under Employment Labor Law, South Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Did you have a severance agreement written or oral?  The agreement is a contract and will be binding on the parties either by way of the agreed terms stated therein or by contract law as it applies in your state.  So what was the agreement?  Did she say why she thought that she was entitled to the money back?  If the agreement was unclear or did not mention return of the money I would be hard pressed to think that they would be entitled to its return.  But I thin that you should consult with an employment attorney in your state for a definite answer to your fact specific question.  Good luck.


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