can my employer force me to interview for new company?
I work for a hospital in NJ in mental health care. The hospital lost their state contract to a community agency after an RFP process. The hospital is only awarding severance to those employees who have interviewed for the new agency and were not offered a position. The new agency is not comparable in pay, job description, location, hours or benefits.
I don't want a job with this company. I want to look for a similar position with similar pay. Can my present employer really withhold severance from me?
Answers (1)
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.
That being said, employees do not have a right to severance, unless they have a contract with the employer that requires severance. Otherwise, severance is essentially a 'gift' from the employer, and is at the employer's discretion. Therefore, unless you have a contract that gives you a severance right, the employer can condition severance on whether you interview for the new agency.
If, however, the employer requires only women, or employees over 40, or disabled employees, etc., to jump through that hoop to get severance, but not other employees, then you may have a discrimination claim.
You may have a problem collecting unemployment compensation if you do not apply for an open job with the new employer - you may be considered to have refused suitable work otherwise.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com
posted by Christopher Ezold | Aug 20, 2009 06:34 AM [EST]
That being said, employees do not have a right to severance, unless they have a contract with the employer that requires severance. Otherwise, severance is essentially a 'gift' from the employer, and is at the employer's discretion. Therefore, unless you have a contract that gives you a severance right, the employer can condition severance on whether you interview for the new agency.
If, however, the employer requires only women, or employees over 40, or disabled employees, etc., to jump through that hoop to get severance, but not other employees, then you may have a discrimination claim.
You may have a problem collecting unemployment compensation if you do not apply for an open job with the new employer - you may be considered to have refused suitable work otherwise.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com
posted by Christopher Ezold | Aug 20, 2009 06:34 AM [EST]
Answer This Question
Sign In to Answer this Question
Related Questions with Answers