Legal Question in Employment Law in Georgia

Violation of Severance Agreement

Key points...severance agreement included keeping my same company email and phone extension, remain as an employee from Dec 12 through Feb 6, receive pay and severance, company would fund COBRA from Feb 6 onward. I keep laptop and blackberry.

On Dec 12, phone extension was transferred to another person. Took nearly 30 days to get it back to me, most of that time it was simply disconnected.

During that time, and beyond, callers for me were told I was no longer an employee, or they had to be transferred to HR (obviously raising questions with recruiters).

Several recruiters, including a company HR person that I was in final interviews with, received this info, leading to many querstions and no hiring.

On Feb 12, Email was simply cut off, taking a week to get back. This led to a second round of recruiters / interviewers no longer returning my calls.

On Feb 22, went to fill a prescription, was told insurance was cancelled. I have not received anything regarding COBRA.

Question - - While I know I have a grievance, is it worth pursuing? The company has clearly not upheld their portion of the agreement, neither literally nor in the spirit of it. What would be a realistic approach?


Asked on 2/23/09, 2:23 pm

1 Answer from Attorneys
Gregory Fidlon Law Offices of Gregory R. Fidlon, P.C.

Re: Violation of Severance Agreement

I would need more information to adequately advise you. If the company has violated its own severance policy or a written agreement, that would give you the best grounds to bring a claim. I would also be interested in discussing the circumstances of your separation from the company, which could potentially reveal other types of claims. With regard to COBRA, the employer (and any plan administrator) would typically have a total of up to 44 days to send you notice of your COBRA continuation rights. If they fail to do so, you could recover daily penalties and other damages. I would be happy to discuss these issues with you in greater depth. If you are interested, please email me or call me at the number listed in my profile below to schedule a free consultation.

This response is for informational purposes only and does not create an attorney-client relationship.

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Answered on 2/23/09, 3:50 pm


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