Brooklyn, NY asked in Employment Law for New Hampshire

Q: I gave company three months notice that I would be taking early retirement. I then took my remaining vacation days.

While still an employee on vacation and months before my retirement date. The company is now offering an early retirement package. I was sent an email notification stating I am eligible for this as well as details and amounts on what I would receive if I elect to take this package. I am not sure if this was an error on the companies part not checking people that are already taking early retirement or if because they are offering this package and I am still an employee. It’s a very good package and I would like to ask if I can take advantage of this package even though I already gave an early retirement date to HR? I should add I would need to go back to the office and finish the year out as a requirement.

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1 Lawyer Answer

A: Hi. I would accept the package in writing. You can work with your employer on a return to work date and finishing out the year and the employer can determine if there was any error in sending you the offer. In most cases, if someone makes an offer and that offer is accepted, the agreement is binding. However, more information is needed to fully analyze the situation, especially the language in the retirement package agreement, if any.

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