Legal Question in Employment Law in California

Refusal to pay severance pay

I was employed as a full time employee and was informed a few months ago that my services would no longer be needed as the result of a merger. I was given a termination letter with a termination date in May. Included in the termination package was a severance pay of 6 months to begin on my termination date, if I signed a release of claims form. I signed the necessary paperwork. Before reaching my termination date, my employer offered me a new position to which I verbally agreed to with. I specifically requested that my existing contract be left to lapse, as it is the basis for my severance. Negotiations were verbal accompanied with a few emails, but I never received a formal employment contract stating the terms and conditions as discussed. I have now reached my termination date and wish to exit the company. My employer is now stating that I am resigning and that I am not eligible for the severance. The employment contract I have is with a company based in San Francisco, CA, which was acquired by a company based in MA. Do I have solid grounds to file a complaint, if so with which bureau?


Asked on 5/27/03, 12:52 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Refusal to pay severance pay

This is a fact-specific matter that should be reviewed immediately by an attorney. It all could depend on the language of the severance agreement, and the promises made and discussions pertaining to the new position. Feel free to set an appointment with an attorney to review the appropriate documents. -Robert F. Cohen, Esq.

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Answered on 5/27/03, 4:18 pm


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