Legal Question in Employment Law in California

Non-Performance of Severance Agreement

In February of this year, I entered into a severance

agreement with my former employer due to my husband

moving to a competitor. We were both employed by the

same company and they deemed it a conflict of

interest. After the agreement was signed, new

stipulations and allegations were made upon me which

have prohibit payment.

Their allegation is I had knowledge or assisted in my

husband removing personal boxes which they have now

deemed theirs. My husband is currently in litigation

,along with his new employer, against our previous

employer for this allegation.

Can a comany become judge and jury and change the

terms of the agreement after it has b


Asked on 8/14/01, 11:49 am

2 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Non-Performance of Severance Agreement

they cannot. you can sue for breach of contract.

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Answered on 8/20/01, 9:33 pm
Keith E. Cooper Keith E. Cooper, Esq.

Re: Non-Performance of Severance Agreement

They can't unilaterally (i.e. one-side) change the agreement. However, the agreement may contain language that permits them to withhold payment under certain circumstances. If you did not consult an attorney before signing, you would do well to consult one now. If you did have an attorney, go back to him.

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Answered on 8/24/01, 6:40 pm


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