Work in company in the Severance Agreement

Aug 6th, 2022
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Some may allow the ability to be rehired, but may require paying back some of the severance payment. If the severance package contract had no restrictions on rejoining the company and candidate is offered a job at a later date, there is no reason he can not accept.
If you accept a severance package upon termination of employment in Alberta, it will mean: You are not eligible to receive unemployment benefits until the expiry of your severance package (this is usually a specific number of months).
Severance pay minimums in Ontario are set by the provinces Ministry of Labour, and by previously-established standards set by the courts. At a minimum, severance pay should be one week of pay per year you were employed, up to a maximum of 26 weeks. However, what you are legally owed can be as much as two years pay.
In either case, your severance agreement should state explicitly what the employers policy is. So dont sign it until youre clear about those terms. But if the agreement is silent on the issue then you likely may continue to receive your full severance while also earning income from another source.
As noted at the start, it is a good idea to ask for severance pay to be paid out as a lump sum so that you can get the most out of the payment, can have finality, and you wont run into a situation where you end up getting less severance pay than initially promised.
There is no legal requirement under California law that employers provide severance pay to an employee upon termination of employment.
Fraud, misrepresentation, duress, or unconscionability are common defenses you can use if you want to void a severance agreement that you already signed.
In addition, any employer is not permitted and does not have the authority to include anything in a severance agreement that prevents an employee from discussing or disclosing fact-based information regarding cases or claims of retaliation, harassment, bias, and retaliation.

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