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My company is going through a large layoff. I have heard that my position will remain, however, they position will change and we will be asked to "fall into" a new role. There is a severance package being offered to those who are laid off. If I don't want this new job role (i.e. I don't think it's a fit for me) so can I opt to decline the offer of the new role and receive severance, since my OLD role no longer exists? (I'm being asked to do basically the job of two people for the price of one). The company is based in California, but I work in NC. (i.e. corporate address is in California).
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No. If you have not been offered severance, then declining the job offered will be considered a voluntary resignation. If you work in North Carolina, then North Carolina law applies.
Answered on Aug 20th, 2014 at 12:36 PM
I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.