Re: Severance Pay

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On 12/15/08, Terry wrote:
> On 12/09/08, Tom wrote:
>> Upon my termination my boss offered to pay me severance
>> pay for 4 months. He made 1 payment and then 2 vacation
>> payments and then the payments stopped. Am I entitled to
>> sue for the remainder of the severance. Although the
>> offer was verbal to me, HR acknowledged the offer in a
>> couple of emails.
>> Thanks
>
> You'll need to consult with an attorney but since severance
> pay is entirely voluntary, chances are your employer can
> stop the payments whenever they please. If you haven't
> already, you should file for unemployment benefits. You can
> also try to follow up with the boss and inquire about the
> balance of the severance pay he committed to.
>
> If you signed a severance agreement in which you waived your
> legal rights to bring a claim against the employer [for any
> sort of discrimination, civil claim, etc.], then obviously
> your portion of the agreement is null and void.

~Be very careful of the advice you take from this forum~

As with any situation, one would need to see the relevant
documentation and engage you in a full consultation in order
to provide you with proper direction. However, while it is
true that severance pay is generally voluntary, some courts
have ruled that an employer may not take back a benefit that
an employee has detrimentally relied upon.

The amount in question is probably nominal and would be best
suited for small claims. Best of luck to you.