Ok so I am in California got hit by layoff on Mar21. So I am still an Oracle employee until May21. Question is say i find another job soon within a month and then start working for new company should I still report this to Oracle or just enjoy another month of salary+severence. Will Oracle even bother to find out if I have started working at new place? I am on H1B too..
11 replies (most recent on top)
As already stated, do your best to push out the start date until after WARN ends. If you are hired elsewhere before the end date, Oracle has the right to claim you left on your own accord and not give you the severance package. Once WARN ends and you sign the document, you are free and clear. That said, don't give up a good job just to ensure you get the package.
I would negotiate a start date of one day past the expiration of the WARN period. After all, you are still employed by Oracle until that date and would presumably be in breach of your employment conditions if you concurrently were employed elsewhere. They are not going to pay your lump sum severance until after that date (actually at least three weeks past that date). You may "get away" with it, of course, but that is a different issue...
I think the OP is asking about the WARN period, when you continue to receive full salary and benefits. You collect severance, if you're entitled to any, after the WARN period expires.
"I don't see how they can take back your severance if you got a new job that is NOT at Oracle, but I'd suggest talking to an attorney to be sure. "
Last time I was laid off, we didn't get a lump sum severance, we continued to get paychecks until the severance was done. I asked HR what would happen if I got a job in the mean time during the severance payments and he said that if I did and they found out about it, the severance payments would stop. As it turns out I needn't have worried, but there was that answer.
Oracle pays it in lump sum? Then take the money and go to work elsewhere and hopefully you'll find a new job right away. May the odds always be in your favor.
The way my separation was structured wasn't a traditional severance. The pay-out was contingent on me signing a legal document basically saying "you get this lump sum of money in exchange for not suing us, etc." If yours is similar, once you sign and get your check, you shouldn't need to worry about Oracle at all. Not exactly sure where the H1 visa fits into that, but I would think having a new job takes care of the H1, yes(?)
“Yet here you are, supposedly 2 years later, still embittered.”
And you still work there and spend your time on this site?
People who left may still have financial interest at Oracle (espp/rsu, etc.) and checks out what’s happening inside. You don’t need to judge them. Is that “crystal clear”??
find a job, get a H1 transfer[ 2 weeks premium] and move to the new company soon.
Oracle is past..They dont care and you dont need to worrry about them.
"I left about 2 years ago, and I am SO GLAD to be out of that toxic place."
Yet here you are, supposedly 2 years later, still embittered.
I don't see how they can take back your severance if you got a new job that is NOT at Oracle, but I'd suggest talking to an attorney to be sure. I certainly would NOT give it back if you don't have to. Screw them. I hope you find another job. I left about 2 years ago, and I am SO GLAD to be out of that toxic place.
If you are h1b, the transfer process will take time I think . You should be more worried about that instead of if you can take extra month of pay . H1bs ..talk to lawyer, no one here can give you advice .
Don't know about the H1B. Enjoy new job and move on. No reason to tell.