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OT Lawyers- Severance question

Posted on 8/28/22 at 2:44 pm
Posted by Patfic15
Baton Rouge
Member since Sep 2018
3258 posts
Posted on 8/28/22 at 2:44 pm
Company I worked for lost contract recently. I joined new company that was awarded contract. Previous employer says severance for all unless* you work for new company that was awarded contract. A word document sent from HR sent on last day of contract. Never signed a non-compete clauses or anything.

Can previous company withhold severance?
Posted by Jim Rockford
Member since May 2011
98188 posts
Posted on 8/28/22 at 2:46 pm to
Did this cause you pain and suffering? If so, let's talk.
Posted by SuperSaint
Sorting Out OT BS Since '2007'
Member since Sep 2007
140462 posts
Posted on 8/28/22 at 2:47 pm to
One Call That’s All
Posted by cajunandy
New Orleans
Member since Nov 2015
671 posts
Posted on 8/28/22 at 3:05 pm to
what did your employment contract with old company say?
Posted by MMauler
Member since Jun 2013
19216 posts
Posted on 8/28/22 at 3:07 pm to
Was the severance a contractual obligation on the part of the company? I.e., we're you entitled to it under a contract?

If not, you’re pretty much f*cked.

If it is, you need to read the exact language of the severance obligation.
Posted by chinhoyang
Member since Jun 2011
23406 posts
Posted on 8/28/22 at 3:08 pm to
Ordinarily, the company can put whatever non-discriminatory (e.g. race and sex) clauses they want to on their severance proposal. Unbeknownst to many employers, a severance "plan" is like governed by ERISA, which also has non-discrimination provisions. Those discrimination provisions are all very specific as to who is protected.

The proviso you describe does not appear to violate any law in Louisiana or Texas.
Posted by elsu
H-town
Member since Aug 2004
977 posts
Posted on 8/28/22 at 3:16 pm to
Severance is not legally required. You got a new job, others don’t. Be happy that you have a job.
Posted by MikeBRLA
Baton Rouge
Member since Jun 2005
16458 posts
Posted on 8/28/22 at 3:17 pm to
quote:

Severance is not legally required. You got a new job, others don’t. Be happy that you have a job.


+1
Posted by gobigred
Gonzales, LA
Member since Oct 2008
109 posts
Posted on 8/28/22 at 3:49 pm to
Sounds like your trying to double dip.
Posted by GetmorewithLes
UK Basketball Fan
Member since Jan 2011
19068 posts
Posted on 8/28/22 at 3:51 pm to
quote:

Can previous company withhold severance?


Severence is a benefit and not a right. They do not have to give you anything. It would be questionable if they gave severence to persons of a class, race, etc and not others. Not giving money to the competitor employees is not restricted.
Posted by Mingo Was His NameO
Brooklyn
Member since Mar 2016
25455 posts
Posted on 8/28/22 at 3:53 pm to
quote:

Sounds like your trying to double dip.


Of course
Posted by Python
Member since May 2008
6284 posts
Posted on 8/28/22 at 3:53 pm to
Better call Saul.
Posted by Barrister
Member since Jul 2012
4616 posts
Posted on 8/28/22 at 3:59 pm to
First things first. I take Venmo . Does that work for you?
Posted by the LSUSaint
Member since Nov 2009
15444 posts
Posted on 8/28/22 at 5:17 pm to
quote:

joined new company


Why would you tell them, numbnuts?
Posted by Spankum
Miss-sippi
Member since Jan 2007
56030 posts
Posted on 8/28/22 at 5:20 pm to
Well, how did they know you were working for the new company?

Honestly, severance packages are meant to allow you to eat when a company lays you off while you find a new job. We’re you laid off or did you quit?
This post was edited on 8/28/22 at 5:21 pm
Posted by TutHillTiger
Mississippi Alabama
Member since Sep 2010
43700 posts
Posted on 8/28/22 at 5:33 pm to
If you live in south and you are worker not owner u are fricked
Posted by dirtsandwich
AL
Member since May 2016
5161 posts
Posted on 8/28/22 at 5:46 pm to
quote:

Was the severance a contractual obligation on the part of the company? I.e., we're you entitled to it under a contract?

If not, you’re pretty much f*cked.

If it is, you need to read the exact language of the severance obligation.


This is correct. Multiple others in this thread have assumed you don’t have a contractual right to severance. But there’s not enough info in OP to determine whether you do and you’d need to know this in order to answer the question you’ve asked.
Posted by LegendInMyMind
Member since Apr 2019
54093 posts
Posted on 8/28/22 at 5:49 pm to
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