<prompt> Human: Hello, a few years ago my employer decided to layoff everyone at my office including myself. However upon layoff a select few were retained including myself. Basically I was converted from a full time employee to a contractor. As part of the agreement I was given severance pay to be given to me once I completly leave the company. Well Ive been doing this for several years from now, and the company wants me to come back as a full time employee. I brought up to my boss, so am I going to get my severance pay and he became flustered, and didnt think I would get my payment. Wouldnt I be entitled to my severance pay no matter what? Let me know your thoughts, thanks Update: Asked for the severance pay as part of a sign on bonus, no dice. Basically offering me a small raise but they dont know the amount. Unfortunately I am probably going to walk because of this.  <response>: Wouldnt I be entitled to my severance pay no matter what?That depends on the exact wording of any agreement you signed or didnt sign with your employer.If they want you to return to an employer position, make this part of your negotiation. Hey boss, Im happy to keep working with this company. I would request a payout of the severance agreement I had in place as a sign-on bonus. Or perhaps: If I do get hired on, I would like to keep my previous severance agreement in place should we ever part ways.This is a negotiation. The fact that youve got many years of institutional knowledge works in your favor. They came to you, so you can probably name a reasonable number and get it. Just be prepared to justify why youre worth it.Also, just a reminder: there are rules on whether an employee can be an independent contractor or not. Essentially, it boils down to 1 who provides the training, 2 who provides the equipment, 3 who decides your schedule, and 4 do stands to lose money if the employee screws up? If any or all of those are Employer, you are an employee rather than independent contractor. That doesnt make a huge difference, but does affect things like the 7.8 half of FICA tax that gets shifted from the employer to indepdent contractor. Just make sure thats a hill you want to die on. 