If my position is being eliminated and I turn down a position that I verbally accepted because it is a significant pay drop, can my employer withhold my severance?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my position is being eliminated and I turn down a position that I verbally accepted because it is a significant pay drop, can my employer withhold my severance?
Asked on April 16, 2012 under Employment Labor Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If I understand your question, you held position A and it is being eliminated; you were offered severance from A; you were then offered position B and accepted it orally; you want to know what happens if you turn down position B. If that is the case, then if you turn down position B, which you accepted, your employer would be allowed to withhold the severance you would have received from position A. That is because 1) in accepting position B, you rejected the offer of severance from position A--and once an offer is rejected, a person or business does not need to make it again or keep it open; and 2) if you accepted B, then if you now "turn it down," you are effectively resigning (voluntarily separating) from position B, not being laid off from A--therefore, the situation has changed, and you are no longer in the situation under which you were offered severance. Also, if the employer considers that you voluntarily quit B, it would potentially be able to deny you unemployment--employees who voluntarily leave a positioin are ineligible for unemployment compensation.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.