recently, someone posted the old severance package details online here.
Can that person please resubmit those pages ??
My friend ( also a former employee) is talking to a lawyer and he asked if there were any docs about the previous severance.
Thanks
10 replies (most recent on top)
My question is... If we were furloughed and never returned to work and didn't work in between, shouldn't our separation date revert to our furlough date?
If so, Severance should fall under the previous policy.... no?
Here's the old policy. It doesn't paste well because it's a PDF with tables, but here it is.
Full-Time Hourly Employees
1 week of Base Pay per Year of Continuous Service
2 weeks minimum / 26 weeks max
Salaried Employees
2 weeks of Base Pay per Year of Continuous Service
4 weeks minimum / 26 weeks max
Nothing for seasonal or part-time.
- 0 POLICY
SeaWorld Parks & Entertainment (“SEA”) will offer severance pay to eligible employees in accordance
with the terms and conditions below.
- 0 SCOPE
- 1 Eligibility for Severance Pay
All regular, salaried and full-time hourly employees of SEA who (i) suffer an involuntary loss of
employment due to any one of the “Qualifying Events” specified below and (ii) sign a Separation
Agreement and Release in a form provided by and acceptable to SEA are eligible to receive severance pay under this policy (“Eligible Employees”).
Part-time, seasonal, and temporary employees (including full-time temporary employees) of SEA and
independent contractors are not eligible to receive severance pay under this policy.
- 2 Qualifying Events
Severance pay will be provided to Eligible Employees who suffer an involuntary loss of employment as a result of any of the following "Qualifying Events":
• A substantial, permanent workforce reduction or reorganization; or
• The elimination of the employee’s position.
Severance pay will not be provided under this policy if the employee’s separation is the result of any of the following:
• The employee’s voluntary resignation or job abandonment;
• The employee's death, disability, or failure to return to work following an approved leave of
absence;
• The employee's retirement;
• The employee’s refusal to accept a comparable or higher level position at the same location or
another location within 35 miles thereof;
• The employee’s discharge for (i) misconduct, (ii) a violation of Company rules, policies and/or
practices, or (iii) poor performance based on an employee's inability, unwillingness, or refusal to
perform job duties or responsibilities; or
• The employee's failure to transfer to another location or any affiliate of SEA after initially
accepting the transfer within the acceptance period of the offer.
Additionally, in no event will an employee be eligible to receive severance pay under this policy if he or she fails, refuses to sign, or revokes a Separation Agreement and Release in a form provided by and acceptable to SEA.
Policy No.: HR.0400 Policy Owner: Human
Resources
Effective Date: 03/01/17
Approved By: Chief Human
Resources & Culture
Officer
Last Revised: 03/01/17
Policy: Severance Pay
Page 2 of 3
- 0 PROCEDURES
- 1 Amount of Severance Pay
In general, the amount of severance pay will be calculated by the following schedule:
Employment Category Amount of Severance
Pay Minimum Severance Maximum Severance
Full-Time Hourly Employees
1 week of Base Pay per Year of Continuous Service 2 weeks 26 weeks
Salaried Employees
2 weeks of Base Pay per Year of Continuous Service 4 weeks 26 weeks
- 1.1 “Year of Continuous Service”: Years of continuous service are calculated from the
employee’s full-time hourly/salaried hire (or rehire) date through the date the Eligible
Employee’s employment terminates as a result of a Qualifying Event. Years of continuous
shall be measured in full years, and partial years shall be disregarded. Service performed
prior to a break in employment is not included when calculating “years of continuous service”.
- 1.2 “Base Pay”: Separation pay is based on an Eligible Employee’s regular weekly base rate of
pay in effect on the date the Eligible Employee’s employment terminates as a result of a
Qualifying Event. Severance for salaried employees will be calculated and paid using the
Eligible Employee’s base salary rate at the time of termination. For full-time hourly
employees, severance is calculated based on a typical 40-hour work week. For example, two
weeks of severance are equivalent to 80 hours multiplied by the employee’s regular hourly
rate at the time of termination. Overtime, bonus, and all other compensation do not count
towards the calculation of regular rate for purposes of this policy.
- 2 Timing of Severance Pay
Severance payments will generally be paid to Eligible Employees in a single lump sum (unless SEA
determines otherwise in its sole discretion) as soon as administratively feasible following the expiration of
any revocation period applicable to the Separation Agreement and Release. Payment is subject to
normal payroll taxes and required withholding, and may be reduced by any amounts the Eligible
Employee owes SEA.
If an employee dies before the payment has been made, the payment will be paid to the Eligible
Employee’s surviving spouse or, if there is no surviving spouse, to the Eligible Employee’s estate.
- 3 Separation Agreement and Release
As a condition of eligibility for the receipt of severance pay under this policy, Eligible Employees must
sign and not revoke a Separation Agreement and Release in a form in a form provided by and acceptable
to SEA that contains the following: (i) a general release of claims in favor of all SEA companies and
related entities and persons, (ii) a non-disparagement provision, and (iii) confidentiality clauses pertaining
to the disclosure of confidential information and the existence of the agreement.
Policy No.: HR.0400 Policy Owner: Human
Resources
Effective Date: 03/01/17
Approved By: Chief Human
Resources & Culture
Officer
Last Revised: 03/01/17
Policy: Severance Pay
Page 3 of 3
- 0 ADMINISTRATION
- 1.1 This policy is administered by the Corporate Human Resources department. The policy
supersedes any other program, policy or practice previously in effect by which SEA may have
provided any severance pay to eligible employees.
- 1.2 The statements contained in this policy are not intended to create nor are they to be
construed to constitute conditions of employment or a contract of employment between SEA
and any employee. IN NO WAY DOES THIS POLICY IN ANY WAY MODIFY OR ALTER
THE “AT-WILL” STATUS OF ANY EMPLOYEE.
- 1.3 SEA RESERVES THE RIGHT TO MODIFY, SUSPEND OR TERMINATE THE POLICY OR
THE BENEFITS PROVIDED AT ANY TIME WITHOUT PRIOR NOTICE.
- 1.4 SEA reserves the right to administer this policy with absolute discretionary authority to
determine all matters arising in connection with the administration, interpretation, and
application of this policy, including all questions related to coverage, facts, eligibility, and
methods of providing and arranging for any benefits, without limitation to take action outside
of or in contradiction of this policy if it, in its sole discretion, deems it beneficial to do so. Any
changes to this policy or actions outside the scope of this policy must be approved in writing
by the Chief Human Resources and Culture Officer.
Asking about severance.
We were curious, not so much about the policy change as we were about how equitable it was distributed.
please send the name of the lawyer so we can be part of that
A lawyer may be able to figure out a way of claiming that changing the severance policy with basically no warning makes it not valid, meaning it would revert back to the old policy
Unless you have a written contractual agreement for severance, severance is at the discretion of the employer and not mandatory. The employer can change the terms of the severance and/or withdraw it completely anytime the company wants to. Good luck.
The old policy is still on there, go down to the post labeled "Big news" and it is currently the most recent post. It is a copy from a PDF, according to the poster.
Does the lawyer think there might be a chance to fight the new severance policy? If so I bet a lot of people would be willing to hook up with the lawyer, maybe under a class action if needed.
I did. I think it may have been taken off
Scroll down they are still here.