Legal question

[dlminehart]

If you have an agreement with a former employer that states your severance pay ends on a particular date, or earlier if you get a new job before the severance period expires, and you get an unpaid internship that you expect could later turn into paid employment (after extensive on-the-job as well as academic preparation), can the previous employer compel you to provide them with a copy of the internship agreement to confirm your unpaid status? Is it ethical for the previous employer to contact the new employer to ask for these employment contract details?

[JR]

I've never seen a severance package with that stipulation, David (and I've seen a few. ahem!).

In any case I don't think the new employer would release that kind of information. As I understand it, they can only say if you were employed and that's pretty much it. I suppose the new employer could be asked to verify the terms of employment, but they might balk as it would normally be against policy.

JR

[Jeffrey Schronce]

JR is completely right on with this one.

And, yes that is one very odd severance condition. I have never heard of the condition of termination of severance based upon finding new work. I would even go as far as to question the legality of the severance and its possible conflict with the right to work laws of your state.

That said, I am not sure what it would hurt to have your current employer type the following statement on letterhead and sign it.

"Mr. X is an intern in our organization and received no compensation for his services."

Of course if you are just trying to piss off your former employer you could go the legal route.

[Deadhead]

Legal/ethical or not, look at it this way: The former employer has what you want - severance pay.

Their lawyers are most likely better than your's - and you'd have to pay your's. I'd play nice and get the money.

[TJG]

I'm not a lawyer, but I would say cooperate, but put the burden on the former company. I don't know that I would give them the contract, since it may contain other information that does not concern your severance agreement. Tell them you are willing to speak to the HR department and have them provide the old company with the necessary information required. Then, make them provide in writing (always in writing) what information is necessary to demonstrate that you are still eligible for severance per your contract.

You are showing willingness to cooperate, and if they request anything you think is unnecessary, you can always question why it is necessary. Give them only what they need, but always willing to work with them.

[Tequila]

David,
I'm not going to speculate on what's legal in the state of California regarding severance contracts. Your best bet is to talk to a lawyer who's familiar with the laws in your state.

As far as what's ethical, it's an interesting question, but has nothing to do with whether you get paid or not.

[Hellrazor]

David, As far as I am concerned you answered your own question. You are going to be an unpaid intern (which is also none of their business). Your only obligation would be to tell them once it becomes a paid job.

Although, I am not a lawyer and no I didn't stay at a holiday inn last night either..

[vaking]

I am not a lawyer but I am a manager at work. HR at my company keeps telling me that I should never answer any questions about people employed if the question comes from outside the company. And if the question is about compensation - especially so.
I know that if you want to obtain morgage and are expecting that the bank will ask questions about your compensation and you want those questions to be answered - you need yourself to go to your HR and ask them to answer questions about your employment related to your morgage application.
I don't know if this is ethical to ask new employer about your contract. I would consider it not ethical to put such condition on severence terms. My company pays severence to the amount of X weeks of salary for each year worked if a person is let go. The one string attached - you have to agree not to sue the company for iilegal termination. If you don't agree - severence is half.