Do I pay him his severance
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Do I pay him his severance
Our previous employers was laid off, so we offered him a severance package.. 1 week later we asked him to work as a 1099 because we had occasional work that same day he signed the severance agreement. Do I pay him?
Asked on September 18, 2017 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Yes, you have to still pay him the severance unless the severance package/agreement stated (as some do; you can add this term to it) that if rehired within a certain time, whether as employee or contractor, the person will not get some or all of the severance. But without such a contractual limitation, you agreed to pay him severance; the fact that you then voluntarily agreed to hire him in any capacity does not affect the contractual obligation to pay severance which you took on.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.