I was offered a severence package and have not yet signed it. Now I'm under investigation for workplace theft. This false accusation happened post severence offer. Can they with hold my severence now

I am licensed to practice law in Ohio, so I cannot speak to Oregon law. As general information based on Ohio law, though, I can make a few observations.

First, when one party makes an offer (the Offeror), and the party to whom the offer is made (the Offeree) accepts it, the parties create a contract. The Offeree is then entitled to the benefits of the contract.

Second, the Offeror is the master of its offer and can withdraw it at any time before the Offeree accepts it. Therefore, if the Offeree wants to accept the offer and the Offeror has not withdrawn it, the Offeree should, all other things being equal, accept the offer.

Third, if Party A owes Party B something, like severance, but believes that Party B owes Party A something back, like stolen funds, then Party A can withhold what it owes Party B until the dispute is worked out. This is an example of the saying that possession is nine tenths of the law.

Specific to your situation, consult an attorney quickly to decide if you should accept the severance offer and to make sure you get paid once you accept the offer.

posted by Neil Klingshirn  |  Apr 25, 2019 2:15 PM [EST]