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Hello Here is our scenario Employee leaving us due to restructuring. Currently working notice until October 20, 2023. He has accepted Salary Continuance Severance to October 20, 2024 (which is double the required severance by ESA). This employee will be training his incubant from October 20 2023 until February 2024 (this is a finance position and need to train during several month ends and year end). We were thinking of adding to his salary continuance (past October 2024) pro rated for the hours he puts in (not full time hours/days) Might be a few days/week. Can we legally do that?
My name is David Vaughan and I'm an employment lawyer with Samfiru Tumarkin. While I would need to review the severance agreement and discuss the matter in more detail to provide definitive advice, providing him with an additional payment that is not contemplated by the settlement agreement is certainly possible. If you are doing this, you would want to ensure it's in writing and that the employee agrees to the terms. If you would like to discuss this in more detail, please contact our firm so we can determine how we can assist you.