Will I forfeit my severance?

[SGov]

What is the name of your state? NJ
Hi,
My company is in the midst of selling off a large portion of it's business. I have been offered a position other than my current role at a different location. While the new location is within their said comparable limits, the hours are changing. If I do not accept the position, I am being told that I will forfeit my severance. If I am willing to make the new drive and work the new position, but can not work the hours, do I have to take the job? There aren't any specifics covering new hours?

 

[Beth3]

Your employer doesn't have to offer anyone severence at all. Of employers who do in these situations, it's commonplace not to offer it to someone who is being offered another position. You don't have to take the job but you apparently won't be provided any severence if you turn it down. The hours of the new job are irrelevant.

Since the choices at the moment are this job or nothing, I suggest you take the job and if you subsequently discover the location, hours, or some other aspect of the job is unappealing, start looking for a new position elsewhere. In the meantime, this job will undoubtedly be better than no job.

 

[SGov]

Pardon my ignorance. I guess that's why I asked the question and why I came to this site. Because I don't know. While I am aware that they do not have to offer severance, they ARE offering severance. According to the unemployment website in my state, a change in hours could be a legitimate reason to turn down a job and collect. If you don't ask the question, you'll never know the answer.

As far as the recommendation that I take the job, I don't think that is the question that I was asking. Frankly, you are not aware of my personal situation and if you were, you might not recommend that I take the job.

I guess I am frustrated because I wasn't really looking for your subjective opinion. Instead, I was in search of a factual legal answer.

Good day.

 

[Beth3]

Sorry you got your undies in a bundle.

FYI - being eligible for unemployment benefits because you turned down a job offer due to a change of hours is not the same at all as the conditions an employer may elect to place on severance.

 

[SGov]

Will I forfeit my severance

Thank you. That is exactly the type of answer that I was looking for.

 

[JETX]

And since you demand to be taken LITERALLY..... your questions:

"If I am willing to make the new drive and work the new position, but can not work the hours, do I have to take the job?"
*** No.

"There aren't any specifics covering new hours?"
*** Is that a question???

Please let us know if you have any other SPECIFIC questions.

 

[SGov]

I don't believe I ever mentioned anything about being literal.

Asking to be taken literal, and asking for the law, are not the same things I don't think. (That is a statement and not a question.)

And yes, it is a sore subject for a person facing such a change thus my undies are infact in a bundle. I was referred to this site from a friend who was given good, sound legal advice. Not advice on career choices or an education on punctuation.

This site is a wonderful tool for people if it's used the right way. Again, pardon my ignorance.

 

[cbg]

A factual, legal answer is that it is quite common, and quite legal, for an employer to deny severance to an employee who turns down another job within the company, regardless of a change in hours, regardless of a change in job duties, and regardless of whether employees who were not lucky enough to be offered another position receive severance or not.