If an employment contract requires 30 day notice, and I am offered severance in lieu, is contract valid?

If I signed an employment contract that said I would be given or give 30 days notice of separation, and was laid off with an hour notice, but offered severance in lieu of notice and did not take it, does that make terms of the contract invalid?

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7 Responses to “If an employment contract requires 30 day notice, and I am offered severance in lieu, is contract valid?”

  1. I Am Legend Says:

    Payment in lieu of notice can only be given/offered and accepted if the contract states that such as option is available.

    if it is and you refused, then you refused the terms of your contract. If it does not exist, then your refusal has no consequences.

  2. Scotto Says:

    Since they offered and you refused… contract is still valid. i.e. they can say they held up their end or offered a suitable alternative. In the eyes of the law they did the right thing. Should have taken the severance.

  3. Mutt Says:

    Depends on the exact terms of the contract. If you don’t know, take it to a lawyer to explain what it says.

  4. sgoldperson Says:

    Would you have been given 30 days pay? If so then why wouldn’t it be valid? What is the difference between you going there and them paying you for not going? Now if you turn down that severance that is YOUR choice, and doesn’t invalidate the contract if the severance would have kept it valid. If anything it would mean you were in breach for not giving them proper notice.

  5. wg0z Says:

    no, but why did you not take the severance? if you demand 30 days notice, the company can/will give it to now, pay you for the next calendar month, and make you work for said month.
    you had a chance to get paid for NOT working.

  6. Andrew M Says:

    If the severance was greater than 30 days pay, they are essentially paying our the length of the contract. Severance is rarely legally required, but is typically offered so you will sign off any responsibility of the company in any case you bring.

    Unless you sign something, the contract has not been invalidated.

  7. laughter_every_day Says:

    No. it means that you and the employer agreed to modify that one clause of the contract. If you do not agree, then you can sue to enforce the provision for notice. If you were successful, the court would award you 30 days pay, not 30 days of employment.