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Does working notice count as part of your severance?
Working notice constitutes effective notice of the termination of your employment. However, if your employer has a payroll of over $2.5 million and you have been employed for over 5 years under the statute you are entitled to severance pay as well, which cannot be provided as working notice and must be paid as a lump sum amount. Additionally, you may be entitled to a great deal more than what the statute provides pursuant to the common law. Please contact us at the number below for a consultation with a lawyer to discuss your employment situation and entitlements.
Comments
When can you change your mind? All the employees at our company were given 12 months working notice last year that the business would shut down at the end of October. Some left, some kept working. Now it looks like there may be a new investor that will keep the company alive. Have we already sealed our fate? Or does the clock start over if the business continues?
It would depend on whether the new owners are offering you continued employment. If so then the working notice is not effective and you continued to be employed as before with your years of service intact.