Legal Question in Employment Law in Florida

downsizing notice/severace pay

On thursday of this past week, my company decided 2 release about 40 employees. Everyone was aware of the possiblity a few days beforehand. Most of the people they let go, including me were the least-tenured employees=new hires. But, every-one except for me, at the time it was announced, was given release papers, severance pay and agreements 2 still receive bonuses next month. I was told that next week, they would have my paperwork ready and to come to the office when they call. Am i technically fired yet or do i have to wait to file for unemployment? Are they required 2 pay my salary up until the day I sign the paperwork? Or is my last day Thursday, even if it was only verbal? Please help...Thanks,


Asked on 6/04/06, 1:17 pm

1 Answer from Attorneys
Mayra Colon Colon Partners, P.A.

Re: downsizing notice/severace pay

I am sorry to hear this. Reality is that it is not clear for me from your post what is your effective last paid date of employment. I guess you can ask or discover it once you stop receiving payment, except that you need to keep in mind that many employers pay a week or 2 after the pay period. So you could receive a paycheck today, but have not been earning a salary for a week or two. In other words, you can receive a check today, but it may be for the pay period ending 2 weeks ago. The paystub usually states what is the payperiod. For unemployment compensation purposes, you need to be at least 1 week without earning a paycheck after you file your claim. So you need to find out when did or will you last earn an income. You can claim unemplyment benefits in person, online or by phone. It is all the same, but if you are computer friendly, it sure saves time and aggravation to process your claim online. I hope this helps.

Mayra Colon, Esq., [email protected]

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Answered on 6/05/06, 3:53 pm


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