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Employment Law/Severance Date Change


I received my 30 day severance notice from my employer earlier this week and was offered a severance package.  On the paperwork, my last day is stated as July 3.  There is, however, a "provision" that stated the employer can extend my last day beyond July 3, if business needs dictate.  I am actively looking for a new job and have several opportunities that I am pursuing.  I have one concern that I'm hoping you can help with.  I am telling perspective new employers that I am available July 5.  If I accept a new job offer to begin July 5 and my current employer asks me to stay beyond July 3, and I refuse, can they withhold my severance payout?  I am in Tennessee.  Thanks!!

I do not beleive thay can withhold your severence pay if you find a job after July 3rd as this is stated as your termination date. If this happens call the Department of Labor and have them work it out with the company so you can receive your severence pay.


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Shirley McAllister, CPP, PHR


I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).


30 years in Payroll and Human Resources

SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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