Can an employer change their mind about eliminating your position after giving you a letter?
I've recently received a letter indicating that my position is being eliminated, which gave general terms of severance pay I'm to be paid later on this month. I need to know two things:
1. Can the company change its mind and decide not to eliminate my position at the last minute, now that they've given me the letter?
2. From the letter, it sounds like my last paycheck and unused vacation time will be mailed to me, but it's not specifically stating how I will receive my severance check. It seems strange to sign a release when I don't know when I'd be receiving the severance (or if they could possibly change their minds about sending it after I sign the release). What language in the severance agreement should I look for to indicate that I'm not giving up any rights without receiving the severance payment?
Answers (1)
An employer may revoke an offer of employment, but you may have a claim based on the breach of the employment contract. It depends on the language of the contract. Further, severance agreements should be reviewed by an attorney, but generally if you sign the agreement, then you are likely waiving your right to sue the employer. However, please consult an attorney since the language of the contract/letter is very important.
posted by Carol Oshana | May 7, 2003 7:20 PM [EST]
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