Friday, April 17, 2009

Can I start working a new job prior to my severence package qualification date?

My package indicates I need to be an employee 'in good standing' until 11/1 in order to collect it. I have tons of time off due to me that I want to take. Also I landed a job that wants me to start asap. Is there any legal ramifications if I take personal time off AND start the new job prior to 11/1? (I heard if there's issues with SS tax or other tax brackets it would trigger a notice to my current company).


We have had employees use their PTO and go to work some place else.

I have never heard of the SSA contacting and employer about an employee working for another employer. There is a limit on what is deducted from your paycheck for SS so it is likely that you will get a refund if what you paid into it from your current job and new job are over the limit.

By including the terminology of "in good standing" on your agreement, your employer could have reason not to give you the severance.

The purpose of the severance package is to entice employees to stay until the bitter end instead of dropping off like flies as soon as it is announced that they will be losing their positions. Usually, it amounts to being paid for several weeks of work while you look for a job.

If you know you are going to be losing your job anyway, and you like this new job, you should be fine to go ahead and take the chance -- the worst that could happen is you lose your severance.

However, you may be able to work it out between your two employers -- if you can train at nights or take partial days, it may be helpful to both employers. Your current employer needs you to be there to close out the business, and your future employer knows you will be coming on board fully shortly.

If you can't work it out, and you are really relying on the severance package, then your only option is to ask your current employer. Because if you try to take your remaining vacation, they could terminate you early and just pay you for vacation instead of paying you your severance package.

Good luck.

If your current company approves your time off, you are free to do whatever you wish. There are no ss or other tax issues.

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