Company refusing to pay severance what are my options?

I am based in CA and went to work for a company based in MO and I worked in TX. I started work on 1/17/11 and was terminated on 4/1/11 (yes April Fools day). At termination I was told I would receive a severance package. I received a letter with a severance agreement I had to sign. I signed it on 4/10/11 and on 4/11/11 I mailed it back along with all my expense receipts. I have been paid for most of my expenses. I waited some time and in June I contacted the general manager about the missing expense check and severance pay. They resolved the expense issue but then claimed they never got my signed letter.

I am drafting a demand letter this weekend and need to know my options.

Thanks so much!!!

1 answer  |  asked Aug 7, 2011 05:29 AM [EST]  |  applies to California

Answers (1)

Arkady Itkin

A few things need to be considered:
* First, what's is the amount of severance in question? Does it justify legal action?
* Do you have a copy of the signed severance agreement? If so, why not forward it first to the employer and see if it clears any misunderstanding.
* There is no point in spending too much time in drafting the demand letter. If the employer trusts that you forwarded the severance agreement and it is just a misunderstanding, the issue should be settled easily. If not, the length of the demand letter is not going to make a difference, and legal action might be necessary.
* Also, why didn't you contact the employer earlier about the payment? A week or two after signing and forwarding the agreement.

* Proof of transmission, such as fax confirmation sheet, e-mail, etc., might also be useful.


Arkady Itkin
San Francisco & Sacramento Employment Lawyer

posted by Arkady Itkin  |  Aug 7, 2011 11:31 AM [EST]

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