More details to this question:
I was recently laid off from my 10 year job at a TV Station due to business reasons. I have been offered a severance package. The money is right,and it will be paid off in 12 by-monthly installments. The only problem is that there''s a clause that if I get a job in any form of media (TV, Radio, Internet, etc) they will cease paying off that money.
Is this legal? I haven''t signed anything yet.
1 ANSWER
Labor and Employment Attorney serving Atlanta, GA
2 Awards
The lawfulness of the severance clause to which you refer is determined by Florida State law, and I am not a Florida lawyer. Insofar as Florida follows the common law, however (49 states do --Louisiana does not), the clause would be lawful. The reason is because the purpose of the severance payment is to provide the employee who is terminated for economic reasons an income while you are out of work. It isn't offered to provide a windfall. If you find a job, you usually don't need the money (or at least most of the money) from your previous employer. That would be "double-dipping."
Michael Caldwell
404-979-3150
Answered on Sep 28th, 2011 at 3:09 PM