Eligible for severance when rehired by same company?

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Latest post 02-25-2013 2:43 PM by Drew. 9 replies.
  • 02-24-2013 8:43 AM

    • EXV66
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    Eligible for severance when rehired by same company?

    I was part of a huge layoff after 14 years of service back in 2010 and got a severance package.  In 2012 I was rehired by the same company into my old position.  I was told my years of service would be bridged after 6 months which meant I got my seniority back as well as eligible vacation that goes along with those years of service.  Now, my question is... If they lay me off again, would they have to pay me all those years of service again?  I haven't signed, nor was given anything to read concerning this.

  • 02-24-2013 9:10 AM In reply to

    Re: Eligible for severance when rehired by same company?

    Since a severance package is not required unless mandated by some sort of contract, it would be up to the company.  You would need to ask the company.

    Placing myself in the company's shoes, if you were laid off again and if there were severance to be offered, I sure would not base a severance package on your total service unless required to do so by a contract.  Not after you already received severance based on your first 14 years of service.

  • 02-24-2013 10:29 AM In reply to

    • DPH
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    Re: Eligible for severance when rehired by same company?

    EXV66:
    got a severance package

    There are no gurantees that you would be offered another severance package unless one is required by some sort of employment contract, CBA, or required by law.  That said, why are you worried?  If they bridge your service and then lay you off in another two years, if they pay you another severance then good for you.  If they don't, nothing ventured.

    EXV66:
    I haven't signed, nor was given anything to read concerning this

    What are they asking you to sign?  Personally I would NOT bring up any previous severance package or the possibility of getting laid off in the future.  If you want to return to work, go for it.  If not, don't.

     

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • 02-24-2013 10:40 AM In reply to

    • Drew
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    Re: Eligible for severance when rehired by same company?

    I'd not ask or rock any boats just yet.

    In some liberal environments the clock would be fully reset....NOT by law but by practice.



  • 02-24-2013 10:46 AM In reply to

    • cbg
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    Re: Eligible for severance when rehired by same company?

    I'll make it simple.

    If they lay me off again, would they have to pay me all those years of service again?

    No. They would not. Not unless you are working under a legally binding and enforceable contract that expressly and in so many words says they would.

    Severance is not required by law in 47 states,  including yours, and is only required of some employers in some situations in the remaining 3.


     

  • 02-24-2013 10:49 AM In reply to

    • LG81
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    Re: Eligible for severance when rehired by same company?

    EXV66:
     Now, my question is... If they lay me off again, would they have to pay me all those years of service again?

    No.  Unless you have a bona fide contract or are under a CBA, there is no severance requirement.  Even if you are under a CBA, it is highly unlikely it would be worded in such a way that would allow you to get paid twice for the same period of earings (the time you worked prior to your first lay-off). 

  • 02-24-2013 11:46 PM In reply to

    • EXV66
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    Re: Eligible for severance when rehired by same company?

    Thank you everyone for your timely replies :)

     

    I'm not really as concerned about it as my post seems to imply.  Once I was rehired and told a fellow employee about the bridging of my service, he told me that it would seem I'd be eligible for another full severance package.  For as much as this appealed to me, I had my doubts and decided to ask about it here.  I'd rather have an informed answer than just an opinion.

     

    Thanks again everyone, I really appreciate it :)

  • 02-25-2013 8:11 AM In reply to

    • Drew
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    Re: Eligible for severance when rehired by same company?

    Sometimes the smartest thing is NOT to discuss things with co workers or to ask any questions --there is no upside to same!

    At least as you post it there is no legal duty of the firm to restart the clock for severance and issues as to policy "depend".

    If you are not yet fully 'reinstated" the last thing I'd do is talk about it or ask any questions.



  • 02-25-2013 12:26 PM In reply to

    • FallenM
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    Re: Eligible for severance when rehired by same company?

    Just because they may choose to give you credit for past employment years in terms of seniority/benefits on re-hire doesn't mean they have to re-pay you severance for those years if you're laid off again.  :) 

    "... he told me that it would seem I'd be eligible for another full severance package."

    And you care what he supposes because ...?  :)  He sounds kinda dolt-ish, but that's just me. 

    Even if a union contract is involved, I cannot fathom an employer agreeing to a provision such as the one speculated about by co-worker.  :)

  • 02-25-2013 2:43 PM In reply to

    • Drew
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    Re: Eligible for severance when rehired by same company?

    I think your best option is to just zip it and hope for the best for now and NOT wake up any counters in HR or elsewhere. .

    I disagree with those who say it could not happen that one gets paid twice --its  NOT common but the details of some state laws ( Not that IL has a relevant one ) as to a future mass layoff or some CBA language or some routine application of standing company  policy  could just work out that way and  while poster is not clear, in some situation if this is a recall and not a rehire the whole clock could get reset --sort of reads like a rehire and not a recall.



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