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  1. #1

    Default Company Offered Severance Package Now Wants to Renege

    Hoping for some legal advice.

    For the time being I'll leave out any company names or exact locations.
    The company is a nation wide one, and we live, and work in Michigan.
    This is what happened.

    My husband is a truck driver. Worked for this national company 11 years at least. One monday they had a company meeting and everyone was informed of cut backs and his terminal would be closing at the end of the next week!
    Drivers were offered three options.
    1. Move. They had a sweet package if anyone wanted to relocate.
    not possible for us.
    2. Transfer to the nearest other terminal. And my husband would keep his seniority.
    3. A severance package. One weeks pay for each year of service, in his case 11 years. Plus 3500.00 for personal insurance. Plus profit sharing bonus. (this year pretty small.) It all seemed pretty good.
    To qualify for that, we need to be more than 50 miles from the nearest terminal.
    And here is the problem.

    To his old terminal was about 45 mi but all highway driving. Straight shot.
    To the next closest is NOT all highway driving. It goes through several small towns, side roads, back roads, and in winter not an option.
    Google maps gives 52 miles IF you go the highway route which is longer, but faster. At least two of my husbands supervisors told him he would qualify.
    My husband asked them PERSONALLY "are you sure? You won't come back later and say I'm closer than 50 mi?" YES. "We use google maps and it comes up with 52." (Which is what I got too.)

    Well... after waiting weeks for this to come, now the people in the main office are saying he's less than 50 mi and therefore is NOT eligible.
    They came up with 48mi.

    I don't know how they came up with that. If you check the avoid highways on google I come up with 45. but again, no sane person would go that way. Especially in Michigan winter. Also.. if you take the google highway milage, it's using our mailing address and using that town as a starting point. We actually live six miles from the highway so tack on six miles to that making it 58 mi if you take highways.

    So... since TWO supervisors told him to his face he is eligible.
    Do we have a case? We don't have that in writing. I'm afraid to have my husband ask them for something in writing for fear they may (wanting to keep their own jobs) back out on what they said. Perhaps that's something best left for legal council to do.

    If the only option was to transfer, and there was no package offered, he WOULD have transfered. Extra milage or not. Now he can't. AND they won't give the package offered too?
    Something stinks.

    More... I don't know if this matters but...
    My husband needs major oral surgery done. He was waiting till Jan to take care of it because he used up all his sick days. They reset at the first of the year.
    Now.... with no insurance, he was hoping to use that insurance money, buy insurance, get this taken care of, the company told all of it's employees they would not contest unemployment claims. Take the time to heal, then find work. Already looked for jobs, and thankfully truck drivers can always find work. Probably not for as good a company but there is always work.
    That was the plan.
    But now, there is NO money for insurance, no job, weeks have passed waiting for this thing to be "processed." It's not good to take a new job then have to take serious time off for surgery.
    This really blows!
    They promised this package. They base it on google maps, Can they renig now?
    What do we do?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Company Offered Severance Package Now Wants to Renege

    Less than fifty miles is less than fifty miles. If the offer is contingent on distances, and you can come up with driving instructions of 45-48 miles, that's less than fifty.

    I'm a bit surprised they're even looking at distances over roads, as typically employers use a radius of fifty miles without regard to how many miles it takes to drive.

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