If your severance agreement doesn’t specify what happens if you get a job during your severance period, should you raise the issue on your own? My concern is they might say they will only pay until I find a new job, even though I was promised X weeks/ months. But my understanding is that the employee gets the severance in exchange for waiving claims and not causing trouble, etc., so I’m trying not to leave money on the table. Appreciate any insights, especially from employment lawyers. Thanks!

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likesmart

Guess you don’t do a lot of contracts?

likefunny

What exactly are you calling severance? If you're still officially employed (even if you're not showing up), that isn't really severance. I would expect that period to be covered by your employment contract that would restrict you from starting a new job elsewhere (just accepting another offer isn't starting employment). If you're talking about a sum after you've left, then you should be able to start the next day and still get that payout. It all depends on the language.

But I recently had this happen, and hr told me I would need to let them know if I would start a new position before my separation period was over (like officially still employed, but doing job search full time), but as long as I didn't start a new position before then, I would get my separation pay and my severance.

like

Thank you, this is helpful. The severance agreement is rather poorly drafted IMO (another reason why I want an employment lawyer to take a look), so they are calling the whole thing severance even though in reality the situation is more like the first part of what you said. HR (or the person who has been acting like HR) also doesn’t appear to know what they are doing, hence my concern about potentially leaving money on the table if I don’t know my rights/ bargaining power. I appreciate the insight!

like

Maybe my post wasn’t clear. The contract does not specify, which is why I was asking for advice on how to bring it up without hurting my position. In any event, I have reached out to an employment attorney.

Stop overthinking it. Get paid and start your new job.

Severance compensates you for a job loss from a specific employer in exchange for you waiving claims. Some employers add in a stipulation that if the company offers you a new role with comparable salary benefits and you take it, then severance stops because they remployed you.

I am pretty sure they won’t re-employ me. I also have no intention of ever applying to this firm ever again.

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