One week ago I gave verbal resignation to my employer (large corporate
bank.)  At that time, I was asked to work for two additional weeks and
I agreed. No formal written notification was given, and I have not
been asked to sign any paperwork w/ formal termination date etc...

Ironically, yesterday we were told that our division was being closed
and a mass layoff will occur shortly. Those affected would receive a
severance package.

Between the date of my resignation and my final day of work, am I
still legally classified as an employee? I am intersted to know if I
am eligible for the severance package.  Any legal cases, law or
precedent would be very helpful. Thanks very much

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Request for Question Clarification by nenna-ga on 05 Aug 2005 10:59 PDT

Have you spoken with your supervisior? This question may be easily
answered by doing just that. Also, have you spoken with HR? Ask them
if a verbal resignation counts or it's required by the company to have
an official resignation in writing.

Let us know if you have done this, and if so, what you learned. Also,
did you sign a contract when you accepted employment with them. This
may be a matter of company policy and contract agreement over law.

Nenna-GA

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Request for Question Clarification by hagan-ga on 05 Aug 2005 11:28 PDT

Also, is the layoff supposed to take place before, or after, your
supposed last day at the end of the two weeks?

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Clarification of Question by jefflew-ga on 05 Aug 2005 14:33 PDT

Hello, 

I spoke with my supervisor and he is unsure if I am eligible for the
severance package.

I also called HR and they told me they are looking into the matter,
but as of yet I have not heard back.

I gave my verbal notice of intention to quit, and was asked to stay
for two additional weeks.  Does this mean my last day of employment is
at the end of the two week period (and still considered an employee
during those days?)

My signed employment contract does not explicitly cover severance pay,
written or verbal resignation (last date of employment) etc...

The layoffs have all taken place already; so, in answer to the
question: the layoffs were before my supposed last day.

Thanks everyone

Greetings,
I hope you get a useful answer.  
Personally, I wouldn't raise the question again in the company.  Maybe
superiors were so busy with the pending notification of the closure
and layoffs (which may affect them too) that they didn't really hear
you, OR someone was doing you a favor by asking you to stay on. It is
not their money, if you get the package.
I hope so.  :)
Myoarin

While I respect myoarin's advice, I disagree.  A manager never forgets
that one of his employees has resigned.  Chances are they knew the
layoffs were coming and chose not to act on the verbal resignation
untill it was received in writing.

My advice would be to go to the person you originally talked to.  Tell
them that in light of pending changes in the division, your departure
is flexible.  Depending on your relationship with your boss, ask if
they know if you are on the layoff list.

Ultimately, you have to decide if you can deal with the uncertainty
involved in waiting for a layoff.  (When will it happen? Who will get
it? what will the severance package be?  Who else will be out on the
street competing for jobs at the same time?)  Twice, I've had
co-workers find new jobs and resign just before layoffs were announced
because they each were expecting their first child.    They chose the
timing of their departure because they could not risk the uncertainty.

Thank you both for taking to time to comment; HR started swinging the
axe yesterday and I was indeed to be on the layoff list.  I think I
may have found my answer: I am still considered an employee until my
termination date (last day of work.)  Thanks again

Congratulations and good luck for the future!
And thank you for letting us know.
Myoarin