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  1. #1
    Join Date
    Nov 2011
    Location
    Florida
    Posts
    41

    Default Can You Receive Severance While You're Still Actively Employed with Same Company

    My question involves employment and labor law for the state of: Florida. I was recently laid off, along with 5 other people on 4/9 Due to lack of work.
    We were all requested to attend a mandatory meeting. At that time we were told that we were getting laid off. We were also told that we would all receive a 2 week severance. Nice gesture! However, after receiving our "Final Pay" we noticed pay was incorrect. Based on pay record/dates we received final pay from 4/7 through 4/21. So here's the problem, we were actively employed on 4/7,4/8 and 4/9. If we got laid off on 4/9, how can our severance pay include 4/7, 4/8 and 4/9. I thought a severance package is pay and benefits an employee receives when he or she leaves employment at a company. In addition to the employee's remaining regular pay. Any help would be appreciated. I'm afraid most replies will include.." They didn't have to offer severance at all!"
    :/

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,432

    Default Re: Can You Receive Severance While You're Still Actively Employed with Same Company

    Well, this one will, but it will also answer your question. In 47 out of 50 states, there is no requirement that you receive any severance at all. Florida is among those 47 states.

    Because severance is not required, there are also no laws that dictate how severance be managed. There's nothing in the the law that says that you can't receive severance pay for dates that you were actively employed. The law only cares whether you got paid for all the time you actually worked; it doesn't care what the employer calls that pay and it doesn't care how many days you got paid for when you didn't work. The only exception would be if a legally binding and enforceable contract or CBA said otherwise.

    It's also possible that there was a clerical error. Did you contact the company's payroll office and if so, what did they say?

  3. #3
    Join Date
    Nov 2011
    Location
    Florida
    Posts
    41

    Default Re: Can You Receive Severance While You're Still Actively Employed with Same Company

    Yes, they have been contacted. Once questioned about the shortage, they no longer continued communicating. Thanks for your prompt response.

  4. #4
    Join Date
    Sep 2011
    Posts
    437

    Default Re: Can You Receive Severance While You're Still Actively Employed with Same Company

    If they won't get back to you to explain what happened or correct their error, then I'm afraid that's the end of it.

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