Legal Question in Employment Law in New Jersey

I have been working in the same field for 20+ years without interruption. After 3 yrs with the last employer I was fired. In the last year I was working in a newly formed unit and my direct manager was pretty abusive (verbally & in writing), plus she has a difficult personality. She was promoted to that position without having the managerial skills. After a few people complained to HR, she was sent to a 2 days course in management. For a few weeks of a calm period, she started acting the same old way. When I was terminated, the employer made me sign a release agreement based on which in exchange of a severance pay I promise not to sue. After approx 1 month I still have not received the check. Also, I sent a few emails to HR requesting the 401K rollover papers, which they have not sent either. How much longer should I wait, and what course of action should I take. Thank you for your help in this matter.


Asked on 10/02/09, 11:22 am

1 Answer from Attorneys
Randall Brett Law Office of Randall P. Brett

I would need to see the severance agreement you signed to be able to advise you. Was the severance to be paid in a lump sum, or would you be kept on payroll for a certain period of time? In general, a lump sum payment should be made within 30 days of execution of the agreement, unless the terms specifiy a different schedule. Regarding the 401(k) paperwork, you should receive information from the plan administrator after the end of the quarter in which you terminated employment. Since you terminated in (I think) August, the materials should be sent to you this month.

If you would like to discuss any of these issues, feel free to contact my office to arrange a consultation.

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Answered on 10/07/09, 12:22 pm


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