[Sherri Rodrigue]

An employee has been terminated. They have been given a 12 week working notice, as well as offered an additional 12 weeks of full pay as compensation over and above the working notice. How long do we continue the benefits for, the 12 week working notice only, or the full 24 weeks?
Please advise and thank you for your help.
Sherri

[Oliver2011]

Your company may have a formal severance policy, so that would be followed in that case. If they don't they pretty much can do what they choose because they hold all the cards. It can either be in one lump sum or spread over normal pay periods. There are benefits for them in not keeping you as an employee for the additional time. Check with your HR representative to see if they have a formal policy.

[AK lawyer]

And, of course, it will depend upon whichever state or country you are in.

[ScottGem]

There are no laws governing this since benefits are a perk not a requirement. But once benefits are offered they have to be applied consistently and fairly to all employees.

I have never heard of "working Notice termination". If an employee is being terminated they are generally let go immediately. They may be paid severance for a period. It might be that the position is being eliminated after a time. But the bottom line here is this is something subject to internal corporate policy.

[catonsville]

There are no laws governing this since benefits are a perk not a requirement. But once benefits are offered they have to be applied consistently and fairly to all employees.

I have never heard of "working Notice termination". If an employee is being terminated they are generally let go immediately. They may be paid severance for a period. It might be that the position is being eliminated after a time. But the bottom line here is this is something subject to internal corporate policy.

Could this be similar to a company that terminated a group of employees and hired imported employees, and gave the terminated employees added time and money to train their replacements? Before finalizing their terminations?

[Alty]

They have been given a 12 week working notice, as well as offered an additional 12 weeks of full pay as compensation over and above the working notice

They have been given 12 weeks working notice, and were offered an additional 12 weeks. Therefore you have to pay for the entire 24 weeks, as that was the agreement.

[Oliver2011]

Hm not necessarily. Depends on the agreement. Depends on if the person attempts to negotiate the agreement, the offer can be taken off the table. HR can change the policy at any time. 24 weeks is generous in today's world. And as AK Lawyer said it depends on the state.

They have been given 12 weeks working notice, and were offered an additional 12 weeks. Therefore you have to pay for the entire 24 weeks, as that was the agreement.

[Alty]

I agree Oliver. But the way the OP wrote the post, 24 weeks was offered, and accepted. Once an agreement is offered and accepted, unless one of the parties reneges on the agreement, that agreement is legal and binding, regardless of what State you live in.

24 weeks is very generous, in any world. In Canada the norm is 2 weeks.

[ScottGem]

Could this be similar to a company that terminated a group of employees and hired imported employees, and gave the terminated employees added time and money to train their replacements? Before finalizing their terminations?

Its possible, its still an unusual situation.

[catonsville]

Its possible, its still an unusual situation.

Thanks Scott, for addressing my question. Like you say unusual, it made me think that there could be a connection to
the OP's question as it sounded some what similar.

[talaniman]

In the modern business climate,its not at all unusual to phase out your permanent workers and contract the work out to private contractor. Many of those phased out workers end up working for those contractor. It's been happening for decades and an effective cost cutting measure.

Think Kelly Girls, and many other outsourcing employers that allow companies to downsize through attrition by early retirement, or severance packages, while not replacing these workers, and save big bucks.

This is what this sounds like, and as I said, not at all unusual.

[catonsville]

In the modern business climate,its not at all unusual to phase out your permanent workers and contract the work out to private contractor. Many of those phased out workers end up working for those contractor. It's been happening for decades and an effective cost cutting measure.

Think Kelly Girls, and many other outsourcing employers that allow companies to downsize through attrition by early retirement, or severance packages, while not replacing these workers, and save big bucks.

This is what this sounds like, and as I said, not at all unusual.

It should be considered unusual, if one is firing US Citizens and importing Foreign workers and that is Not in the best interest of the Country.

[Oliver2011]

Catonsville - Which company are you talking about? I am not in the know on this.

[catonsville]

Catonsville - Which company are you talking about? I am not in the know on this.

I am not 100% sure but for some reason I think it was Disney for one. If I am not correct, I am sorry to Disney. Did not want to say who because I was not sure.

[COLOR=#1a0dab]Displaced American Workers Blacklisted By Disney | The ...[/COLOR]

dailycaller.com/... /disney-blacklisted-displaced-american...

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[COLOR=#666666]Jun 9, 2015 - [/COLOR]The [COLOR=#6a6a6a]American[/COLOR] tech [COLOR=#6a6a6a]workers[/COLOR] Disney laid off in January after forcing them to train their [COLOR=#6a6a6a]foreign[/COLOR] replacements are on a "black list" that disqualifies...


Just Googled and found this.

[Oliver2011]

Wow now I am embarrassed. I live 20 minutes from Walt Disney World and I didn't hear about this.

[smoothy]

Actually in the IT industry its not uncommon for companies to import H1B visa workers for half the prevailing rate when there are lots of qualified unemployed US IT workers local and available for the jobs. Which defies the law as I understand it, but it happens all the time. Even in the DC area.

And I've had more than a few clients who had 100% H1B IT workforces for years while IT workers where being laid off in large numbers over the last 15-20 years. So I've seen this first hand...not just read about it. I'll chose NOT to name some of them publically....as I know for every one I name there may be another 100 or 1,000 (or more) I don't know about doing it too.

[catonsville]

Actually in the IT industry its not uncommon for companies to import H1B visa workers for half the prevailing rate when there are lots of qualified unemployed US IT workers local and available for the jobs. Which defies the law as I understand it, but it happens all the time. Even in the DC area.

And I've had more than a few clients who had 100% H1B IT workforces for years while IT workers where being laid off in large numbers over the last 15-20 years. So I've seen this first hand...not just read about it. I'll chose NOT to name some of them publically....as I know for every one I name there may be another 100 or 1,000 (or more) I don't know about doing it too.

So much for having Laws when there are ways to get around them.

[Alty]

So much for having Laws when there are ways to get around them.

Sadly that's the way it is. Unless it's reported, and someone is willing to spend thousands of dollars to take it to court, with the hope of winning, it won't change.

Most of the people that would be willing to take this to court, are the ones being laid off or fired, so they don't have the funds to pursue this and see justice done.

The rich get richer and the poor just have to suck it up. That's the way the system is set up. :(

[Oliver2011]

That's a good point. Not many people or small town attorneys can take on Disney lawyers or are willing to should this deal go south. In Central Florida we have this horrible ambulance chasing family called Morgan & Morgan. Their stooooopid catch phrase on the 13 million commercials they have run is FOR THE PEOPLE. Yeah for the people if they can collect money off you. They would never take on Disney or Lockheed Martin.

[catonsville]

If we had an Honest Government, that would not be the case.