Can Severance Pay Be Revoked?
Severance Pay Be Revoked
While companies aren’t legally required to offer severance pay when they lay off employees, they often do it because they want to maintain goodwill with the workforce and the community, which may depend economically on the business. In addition, they often seek protection from liability and bad publicity by buying out a workers’ rights to sue or be publicly disparaged, to reveal trade secrets and other confidential information and to bring claims for discrimination against the company or its leaders.
Severance packages usually consist of several elements, including a lump sum payment, severance pay and other benefits like vacation leave, health insurance and life insurance. The amount of severance pay depends on the company and its policies, but can be a significant portion of an employee’s final paycheck. Some companies also provide outplacement services to help workers find new jobs.
One issue that arises in severance package negotiations is whether an employer can withdraw the agreement after it’s been offered and accepted. The answer to this question is yes, but only within certain limits. The most important limitation is that a severance agreement cannot be revoked during the 21-day “consideration” period mandated by law for workers over age 40, according to Granovsky & Sundaresh, Attorneys at Law. This revocation period is intended to prevent employers from pressuring workers to sign severance agreements they don’t understand or agree with.
Can Severance Pay Be Revoked?
Beyond this, an employer can’t revoke a severance agreement once it’s been signed unless the company’s decision to fire that worker has changed significantly. For example, the company might have decided to let go of that worker because of a decline in business or to replace the worker with someone who is better qualified. In these situations, the company might have a valid reason for withdrawing its offer of severance pay Toronto.
A severance agreement can be revoked if an employer discovers something it couldn’t have known at the time of the offer, such as an illegal act by the employee. For example, if the company knew that an employee had shared proprietary information with competitors or made defamatory statements about the president, it would be justified in revoking the agreement.
Even though a severance agreement can be revoked, it’s important for employees to take the time to consider the terms carefully. They should always read the entire document and be sure to include a lawyer to ensure they’re not being coerced into signing. If you’ve been laid off and have concerns about the severance package you were offered, contact an experienced employment lawyer as soon as possible. They can help you get the compensation you deserve.