Legal Question in Employment Law in California

I worked as a temporary project employee for a consulting firm. The job assignment was supposed to last 6-8 months but was cancelled by the client after only 2 months due to financial reasons. Per the agreement I signed with the Employer (Consulting firm), if the Employer terminates the agreement for reasons other than cause (e.g. poor performance), which is the case here, they owe me 1 month severance. The Employer I worked for is claiming that they did not cancel the project, the client did, therefore they are not obligated to pay me. They offered me 2 weeks pay, however, I feel like I am not being treated fairly and should get the entire 1 month severance amount. Do I have a case?


Asked on 12/02/09, 4:25 pm

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

The answer depends on the exact wording of the contract. If the terms obligate the consulting firm to pay you the one month severance in the event of the cancellation, you can hold them to it. If they refuse to pay, you can take them to small claims court (assuming it is less than $7,500). But that may take a few months. If you need the money now, sometimes, compromising on a claim makes sense.

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Answered on 12/07/09, 4:38 pm


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