Severance or can he stay on the Payroll?

scantey

We recently laid off one of our VP's and offered him a hefty severance package (6 months pay and benefits)> Because of his VISA status he is asking us if he can remain on the payroll and be paid like an employee instead of getting it in one lump sum. Has this ever happened to anyone and is it illegal to keep them on the payroll because of VISA status?

Zanne

Have you laid off anyone in the past?

Did you allow them to remain on the payroll for a period of time - or just pay them off? I would do the same for this person and not treat him any differently.

Zanne

scantey

it has never come up in the past- this is the only guy we have on VISA status so I dont know if this would apply

Whatever

This will set a precedence for the future. But, what exactly is his visa status?

scantey

He is extended until October of 2006 but only if he finds a job so he can transfer his status. Do you know how long they can remain in the US on a VIsa (out of work) before they have to go back?

Sunny

Hate to add to the dilemma, but does he have H1B status? If so, your Company might be liable for the cost of sending him home. You may want to check this with your attorney - just to be sure.

Sunny

scantey

If he can not find a job- we actually have offered to pay the costs for him returning back to France- We are hoping he finds employment in the states for more than one reason...