Legal Question in Employment Law in New York
Termination & Severance Pay
When I was hired I negotiated a severance clause in my contract stating that if my employment was terminated for any reason other than cause I would be entitled to 9 months severance. My employer called me in last week to tell me I was being let go and it was for poor performance. They offered me two months severance which they claim ''is a favor'' since legally they are not required to pay me anything since it is a termination for cause.
My question: I say that they have absolutely no merit to their claim of termination for cause or poor performance and I beleive that I have plenty of evidence documenting my performance and efforts based on my job descritpion (''build the business). Since in my opinion they have no cause, and when I asked them for examples they were not able/willing to give me any, I beleive I am entitled to the 9 months severance as per my work offer and acceptance letter outlining our agreement.
What is the legal position supporting me? Advice?
2 Answers from Attorneys
Re: Termination & Severance Pay
Your former employer is playing semantic games with you. Of course, every employer can claim any termination is for "cause", but as you correctly stated, they need to evidence to support this claim.
You need to hold them to the terms of your severance agreement and my office can help you do that. You can contact my office by email or through SeveranceAttorney.com.
Re: Termination & Severance Pay
Based upon your description it does, in fact, appear that you are entitled to the full 9 months severance. The legal position supporting you is the contract and the fact that your employer may have breached it by claiming you were fired "for cause" when in fact that is not the case. I would recommend that you meet with an attorney so that the full employment contract can be reviewed, along with the proof documenting your performance. We are experienced commercial litigation attorneys and can help you in this matter. Please feel free to contact me at your earliest convenience to discuss all of your options in greater detail.
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