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Severence and mandatory overtime

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J

JimmyShine

Guest
I have recently been given notice that my job will consolidated away in 6 months. I am required to work 6 day weeks, for witch the company did pay overtime for. In my policy manual it states that overtime hours will not be included in severence caculations but as the package is structured is also states that I will continue to receive salary payments "as if I were still employeed". My point is that "if I were still employeed" I would receiving salary more then that of a 40 hour work week.

Do I have any standing here?
I live and work in Indiana.
Thanks.
 


L

loku

Guest
severance pay and overtime

Since severance is not a legal requirement, the interpretation of the terms of the severance should follow the general rules of contract interpretation. Under those rules, if there is a conflict between general terms, such as the provision that you would receive payments “as if [you] were employed,” and specific terms, such as that “overtime hours will not be included in severance calculations,” then the specific terms will prevail.

Under that rule, you would not be entitled to the overtime pay in the severance.
 

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