# Let go during mass layoff, told to continue to work because it was a mistake, what do you do? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [November 26, 2022, 9:49am UTC](https://boards.straightdope.com/t/let-go-during-mass-layoff-told-to-continue-to-work-because-it-was-a-mistake-what-do-you-do/975581 "2022-11-26T09:49:16Z")\ **Posts on this page:** 8\ **Page:** 2
**Author:** ![JohnT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnt/32/15048_2.png) [@JohnT](https://boards.straightdope.com/u/JohnT)\ **Post date:** [December 1, 2022, 10:59am UTC](https://boards.straightdope.com/t/let-go-during-mass-layoff-told-to-continue-to-work-because-it-was-a-mistake-what-do-you-do/975581/21 "2022-12-01T10:59:44Z")
Lots of missing details, but I am going to assume that my layoff was processed and signed-off on the day I was fired. IOW, that I, and a representative of the company, signed something agreeing to the terms offered. In this case, I would tell my ex-employer that we will keep to the terms of the end-of-employment agreement and if they need me back, here is my hourly rate, minimum 4 hours per engagement, will be glad to sign a 4-month agreement which is separate from, and does not modify, the layoff agreement, tyvm. Would not go back as an employee. Why? Unless you’re flat broke with no prospects, fuck those guys as an employer. When they called me to say they made a mistake, they are calling an _ex-employee with a signed, legal agreement for four months of free pay._ Why would I give that up? Nah, they want me back, it will be under different… and separate… terms which do not modify the layoff agreement. In the end, there would be two contracts between us if they want me back: the end-of-employment agreement and the Independent Contractor agreement, getting paid on both. Or there will be just one, the end-of-employment agreement. And if they don’t like this? Fuck 'em. ---
**Author:** ![JohnT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnt/32/15048_2.png) [@JohnT](https://boards.straightdope.com/u/JohnT)\ **Post date:** [December 1, 2022, 12:05pm UTC](https://boards.straightdope.com/t/let-go-during-mass-layoff-told-to-continue-to-work-because-it-was-a-mistake-what-do-you-do/975581/22 "2022-12-01T12:05:57Z")
All right, just saw the modification to the scenario. In this case, continue working and look for new employment ASAP. ---
**Author:** ![CaveMike](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cavemike/32/16379_2.png) [@CaveMike](https://boards.straightdope.com/u/CaveMike)\ **Post date:** [December 1, 2022, 1:57pm UTC](https://boards.straightdope.com/t/let-go-during-mass-layoff-told-to-continue-to-work-because-it-was-a-mistake-what-do-you-do/975581/23 "2022-12-01T13:57:13Z")
> [@Voyager](#): > > the rules I’m familiar with prevent them from hiring you as a contractor, I suppose to keep managers from fulfilling the layoff by firing someone and then effectively hiring them right back after they get a severance payment. In another thread we also discussed text that is common in severance agreements – text agreeing to never work for the company again. I think the primary point of this text is to protect the company from the ex-employee suing in the future for a variety of reasons. > [@Voyager](#): > > And I hadn’t thought of this, but in your scenario the employee would be prevented from starting another job until after the pseudo-severance runs out, while in the normal case they can collect their money and start working the next day if they’ve been proactive. Much worse for the employee. Yeah, it’s one of those laws to help the employee, but can backfire in this case. I think some companies will let you quit and keep your severance (but not the rest of the WARN Act money). I think if a company is nice enough to give actual severance, then they aren’t going to look for ways around it. Those type of companies don’t offer severance at all. I worked for a company where employees were given 6 months notice instead of severance. It was an attempt by management to be nice. “The job market is bad so here’s half a year to find a job and you can work here in the meantime.” It was awful. The employees affected had to come in to work, but had little motivation. The employees not affected were angry because their peers were being paid to do nothing. It was a good intention that was hard on everyone. ---
**Author:** ![Horatius](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/horatius/32/3572_2.png) [@Horatius](https://boards.straightdope.com/u/Horatius)\ **Post date:** [December 1, 2022, 2:21pm UTC](https://boards.straightdope.com/t/let-go-during-mass-layoff-told-to-continue-to-work-because-it-was-a-mistake-what-do-you-do/975581/24 "2022-12-01T14:21:32Z")
> [@Voyager](#): > > The companies I worked for had as part of the severance agreement that you could not leave with severance and come back as a contractor for a certain amount of time, I think a year. Well, that sucks for them, then. They wrote the contract, I’m just sticking to it. Of course, I’m willing to re-negotiate that contract for certain considerations, since the company itself seems keen to invalidate this portion of the contract _that they wrote._ ---
**Author:** ![wguy123](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wguy123/32/3161_2.png) [@wguy123](https://boards.straightdope.com/u/wguy123)\ **Post date:** [December 1, 2022, 5:25pm UTC](https://boards.straightdope.com/t/let-go-during-mass-layoff-told-to-continue-to-work-because-it-was-a-mistake-what-do-you-do/975581/25 "2022-12-01T17:25:06Z")
> [@Mangetout](#): > > Spend up to 120 days (hopefully less) redoubling my efforts to find another job. Go through the motions of still being employed. Assume this is only a temporary respite at best. Same. I would continue to “work” while looking for new job prospects. Any company this incompetent and chaotic is not one I would want to work for. Get out of that dumpster fire ASAP. ---
**Author:** ![Voyager](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/voyager/32/133_2.png) [@Voyager](https://boards.straightdope.com/u/Voyager)\ **Post date:** [December 1, 2022, 7:46pm UTC](https://boards.straightdope.com/t/let-go-during-mass-layoff-told-to-continue-to-work-because-it-was-a-mistake-what-do-you-do/975581/26 "2022-12-01T19:46:55Z")
> [@Horatius](#): > > Of course, I’m willing to re-negotiate that contract for certain considerations, since the company itself seems keen to invalidate this portion of the contract _that they wrote._ I’ve never been laid off, and so don’t know the details of the agreement, but I do know of cases where a laid off employee has been rehired later. (I assume there is some gap so that corrupt managers and employees can’t do a deal where the employee gets a big severance package and starts working again the day after being laid off.) The reason for the contractor clause, I think, besides this, is that many companies manage by headcount, not strictly budget. If your headcount is cut, and you still have money, they don’t want you getting around the headcount restrictions by hiring more expensive contractors. This happens. My center at Bell Labs did this for years. When top management finally figured out this was stupid, we hired most of the contractors working for us. ---
**Author:** ![Horatius](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/horatius/32/3572_2.png) [@Horatius](https://boards.straightdope.com/u/Horatius)\ **Post date:** [December 1, 2022, 7:56pm UTC](https://boards.straightdope.com/t/let-go-during-mass-layoff-told-to-continue-to-work-because-it-was-a-mistake-what-do-you-do/975581/27 "2022-12-01T19:56:22Z")
> [@Voyager](#): > > (I assume there is some gap so that corrupt managers and employees can’t do a deal where the employee gets a big severance package and starts working again the day after being laid off.) My point really is that there’s nothing in the law that mandates such a clause, it’s the company creating these conditions. And it’s pretty much all the company’s fault if this ends up hurting them, since they have far more power to insist on what is in the contract than almost any regular employee. So if this is a problem for them, it’s a problem they created, and which they can fix, if they’re willing to admit they screwed up, and pay the price to fix things. I have exactly zero sympathies for them, no matter what reasoning they may have had for wanting such a clause in the first place. “Considering the consequences of your actions” is something we teach children. There’s no way I’m expecting less from a corporation than I do from a teenager with their driver’s learning permit. ---
**Author:** ![Voyager](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/voyager/32/133_2.png) [@Voyager](https://boards.straightdope.com/u/Voyager)\ **Post date:** [December 1, 2022, 8:02pm UTC](https://boards.straightdope.com/t/let-go-during-mass-layoff-told-to-continue-to-work-because-it-was-a-mistake-what-do-you-do/975581/28 "2022-12-01T20:02:38Z")
No argument from me. I was speaking more in general, not about the scenario in the OP. If the company is so incompetent about planning the layoff that they got rid of essential people, screw them for anything you can get. And then leave. The details of the contract are the most important thing, and we don’t have that. [Previous page](https://boards.straightdope.com/t/let-go-during-mass-layoff-told-to-continue-to-work-because-it-was-a-mistake-what-do-you-do/975581.md?page=1)