Re: Severance Pay

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On 12/17/08, Tom wrote:
> On 12/15/08, Advocate wrote: ??
>> 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.??
>> 
>
> Thanks for the responses. No I didn't sign anything as the
> promise/offer was verbal. I make over $100k so I don't think
> that's covered in small claims court.??

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

HR's acknowledgment via e-mail may be sufficient to prove the
agreement. Your testimony may be sufficient to prove you relied
on that agreement. Small claims is always an option when an
attorney is not willing to represent you. Your presence on these
boards suggests that you are not represented. If what you believe
you are entitled to is more than the Small Claims max in your
jurisdiction, consider taking a loss and pursue your case anyway.
It beats getting nothing.

Best of luck to you.