Legal Question in Employment Law in New Jersey

I was let go from my job on February 14th and signed a contract that listed severance pay and an extention of medical insurance and use of my flexible spending account until February 28th. When I took my child to the doctors on the 21st, my FSA card was declined. The FSA said my contract ended on the 14th and all expenses after that need to be paid out of pocket. My ex-employer said that is the laws of the IRS, but the contract says it would be covered until the 28th. Is my ex-employer in breach of the contract? Will I still get my severance without signing a correct agreement? Can they be liable for the monies owed for the FSA?


Asked on 2/23/11, 8:03 am

1 Answer from Attorneys
Barry Gartenberg Barry F. Gartenberg LLC

Thank you for your LawGuru question. On the face of your description of the events, it appears your employer is in breach of contract. Please me ASAP so that we may explore your options and protect your legal rights. 973-921-0600.

Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

IRS CIRCULAR 230 DISCLOSURE: As required by U.S. Treasury Regulations governing tax practice, you are hereby advised that written advice contained herein (if any) was not written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed under the U.S. Internal Revenue Code

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Answered on 2/23/11, 10:17 am


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