Layoff delayed

Washington State
I have been given notice that I will be laid off with severence. I have it in writing and I have had meetings with HR and my supervisor. However, given the changes going on for the new structure of our department, I have not been given a date. I have also been offered another job within the company doing similar work, but I have not taken it. It has been 2 months since my layoff notice. I am a permanent employee with 10+ years experience. I would like to know that if I choose not to take the position offered to me can my employer choose to keep me indefinitely without giving me a layoff date until they deem that I have trained someone else in what I do? For me, this could result in 6 months or more.

Of course they can. And, if you refuse the other position, expect the possibility that the severance agreement will be rescinded, and you'll almost certainly not qualify for unemployment benefits.

So you're like, demanding to be laid off, right? Instead of taking the new job with the same company, we assume commensurate pay and situation, just a different job, or continuing to work until they find it economically necessary to lay you off. Because they've already told you you will be laid off. And you want to leave on your time, not theirs, before you have trained anyone to perform your old job duties. Huh?

It sounds as though your lay off may be coming up soon, as they have now given you about sixty days notice, which under WARN (which probably doesn't apply in this situation) but anyhow, 60 days notice is considered the courteous thing to do for employees as far as notice of being laid off. But no, if the company's decision is to keep you beyond the time you think you should get to leave since you have been told you are being laid off, you have no legal right to protest this or demand they go on and let you go.

And if you leave before they tell you to, just up and walk out, they don't have to give you the severance, and you probably don't get unemployment insurance, because the timing of your leaving was by YOUR choice, not theirs.

If they let you go on out with your severance without mentioning to the unemployment office that they have offered you another job within the company during that last 60+ days you were there, I do not believe I would find it necessary to mention that to unemployment insurance either if I were you.

This offer, which you chose not to accept will not be considered being offered another job SINCE you were laid off and will not keep you from receiving benefits unless you choose to make an issue of it. After you turned it down, they may have just decided to still go on and let you go out with severance and be gone since you obviously don't want to keep working for them.