n**d
发帖数: 9764 | 1 【 以下文字转载自 Working 讨论区 】
发信人: noid (DoIneedit?), 信区: Working
标 题: Severance package
发信站: BBS 未名空间站 (Thu Mar 20 19:45:49 2008)
I heard some companies ask the laid-off people to return the part of
severance package if the person is re-hired no mater as employee or
contractor within some time frame. It is reasonable for the person back as
an employee, but what is the reason for contractors? Contractors will not
get any benefit and no another severance package after the contract is end. |
s*******f
发帖数: 109 | 2 severance package is not a must for employment. Nothing is not reasobale for
asking the refund from employees or contractors after re-hiring. Normally
contractors are paid a little bit higher than regular employees. Employment
agreements between employers and employees (contractors) are rarely attacked
in courts. |
n**d
发帖数: 9764 | 3 Thanks for your answer.
It is benefit to the company if the laid-off is qualified to other group in
the same company and backs to work. This refund will block the qualified ex-
employee back to work as a contractor, and further to move him/her working
for a competitor. It is true the company might pay more for a contractor but
it does not mean the contractor can get that much, because mostly the staff
company will get some benefit too. |
s*******f
发帖数: 109 | 4 If your statements are made by a director during the BOARD meeting, they
will be very touching and may pursuade the BOARD to adopt a different
company policy. But from the angle of outsiders, it does not matter why the
company has developed a stupid rule. The whole BOARD could have gone crazy.
But the BOARD almost takes no responsibility for using a bad re-hiring
policy even if the policy does nothing good to the company pursuant to the
so-called "business judgment rule".
in
ex-
but
staff
【在 n**d 的大作中提到】
: Thanks for your answer.
: It is benefit to the company if the laid-off is qualified to other group in
: the same company and backs to work. This refund will block the qualified ex-
: employee back to work as a contractor, and further to move him/her working
: for a competitor. It is true the company might pay more for a contractor but
: it does not mean the contractor can get that much, because mostly the staff
: company will get some benefit too.
|
f**********h
发帖数: 38 | 5 One can always renegotiate a contract. If it is in the company's best
interest to re-fire, it may have enough incentive not to enforce the pay
back clause. Since the only beneficiary of the pay back clause is the
company, no one can stop it from forgoing its own rights. |
