My current employer has a clause in my severance package.

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My current employer has a clause in my severance package.

The clause states that, if I earn 90 of my
current wages with my new employer, I will not
get the severance pay out. I see no reason that
they need to know how much I will earn with
my new employer. I will be getting a raise, can I
lie to them to get the payment?

Asked on April 24, 2018 under Employment Labor Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If you have already signed the agreement, you are bound to it: you have to obey or honor all terms and clauses of it.
If you have not yet signed, you can try to negotiate this clause, but it's voluntary on their part to agree to what you want: they could decide to not offer you severance (there is no inherent right to severance under the law).
If you are bound to the clause and lie and are discovered, they can sue you to recover the severance and possibly (depending on what the agreement says) to make you pay their legal fees, too.


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