Legal Question in Employment Law in California

Non-payment of Contract -- Receipt of W2 for Tax Withheld

My question is two fold:

1) I have a signed contract from my previous employer to pay me 1 years severance. I have been told that they have changed their mind due to my knowledge of alledged ''inappropriate behavior of my husband'' who was resigned from the company. To this date, they have refused payment.

2) Yesterday, I received a W2 showing that I had been paid such amount and the tax had been withheld.

Does this now become a federal case; and does this make my case for payment even stronger?


Asked on 2/05/02, 5:23 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Non-payment of Contract -- Receipt of W2 for Tax Withheld

Your case may be a federal one if the severance payment was pursuant to a fixed plan. Then, it will be covered under a federal law called ERISA. If it was a privately negotiated agreement, you would have a breach of contract case which may be filed in State court. You should see an labor law attorney in your area as soon as possible to enforce your rights.

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Answered on 2/07/02, 12:14 pm


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