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Conditional Resignation
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Conditional Resignation
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
Please consider the following case:
Her employer had a severance plan which began on the date of the company's sale to a new owner. On that date, your entitlement began (for example, 8 weeks), and
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Conditional Resignation
posted at 6/30/1999 1:37 AM EDT
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Posts: 1
First: 6/30/1999 Last: 6/30/1999 |
Please consider the following case:
Her employer had a severance plan which began on the date of the company's sale to a new owner. On that date, your entitlement began (for example, 8 weeks), and as you worked successive weeks, your benefit was reduced residually. After four weeks of employment, you would be entitled to four weeks of benefits, should you be severed, and so on. She worked through her entitlement period, however she resigned conditionally shortly after. She requested that she receive her full package, and they granted it to her. On that condition, she tendered her resignation. Benefits were paid to her. Some time after she received her payment, the company requested that she return the money, claiming that she was not entitled to it. If implicitly granted by the employer, why would she have to return the money? She did not mislead the employer, but rather negotiated the benefit. She signed a release to receive the money, and waited the appropriate time period under the plan. Should she return the money? |
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Conditional Resignation
posted at 7/1/1999 12:09 AM EDT
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Posts: 2217
First: 6/16/1999 Last: 12/13/2001 |
If I were her, I would probably keep the cash. She "conditionally resigned," telling the employer I'll leave if you pay me. They paid her. She left. Sounds like a deal to me. (Where can I get a piece of that action!) But, then again, who am I?
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