When your position is being eliminated, can an employee deny severance?

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When your position is being eliminated, can an employee deny severance?

My position is being eliminated but my employer offered me a new role. Can I deny it and legally receive severance since my job was terminated?

Asked on May 23, 2019 under Employment Labor Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

First of all, severance is not legally mandated to be given; it is up to the discretion of the employer. That having been said, to the extent that it is given, the agreement under which it is provided (i.e an employment/union contract, written company policy, etc.) will control. Accordingly, in order to determine whether or not you are entitled to severance since your position is being eliminated and you may turn down another position offered, you'll have to read any of the above mentioned agreements. If there are none, then you may have no claim to receive it under the circumstances. At this point, you should consult directly with an employment law attorney in your area, as they can best advise you further. 


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