Severance Agreement all screwed up

Hello,

I signed a severance agreement with a company. Departure date came a I departed. I have the following issues

1. Company missed payment dates in severance agreement
2. Company underpaid (no expenses, vaction, bonus)
3. Company used pen/pencil and made date changes without my knowledge.

Question - when is the Severance Agreement null and void?

3 answers  |  asked Mar 3, 2011 08:28 AM [EST]  |  applies to Pennsylvania

Answers (3)

Mardi Harrison
I agree -- the real issue is that your employer may have breached your agreement. If you were not paid any kind of compensation (including severance, vacation pay, bonuses etc) that you are entitled to, this may be a violation of the PA Wage Payment and Collection Law. This law has many strong incentives for employers to pay the compensation earned by their employees, including the ability to hold not just the company, but the management who made the decision not to pay personally liable.

If you would like to discuss whether your circumstance is in fact a violation of the WPCL, please feel free to contact me.

Mardi Harrison, Esq.
73 Old Dublin Pike, Suite 10, # 312
Doylestown PA 18901
(267) 880-1180
(267) 552-6248 (fax)
Mardi@SueTheBoss.com

posted by Mardi Harrison  |  Mar 3, 2011 2:19 PM [EST]
Christopher Ezold
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.

That being said, a severance agreement is a contract. If the contract has been materially breached, then your obligations under the contract would be no longer enforceable against you (in most cases). Failure to pay as agreed, and unilateral alteration of dates, are likely material breaches of the contract. If so, the document is likely no longer enforceable against you. I say 'likely' in that I cannot provide a thorough analysis without reading the document.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.

/Christopher E. Ezold/
Chair of the Board,
Magellan Leadership Group

The Ezold Law Firm, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com

posted by Christopher Ezold  |  Mar 3, 2011 08:55 AM [EST]
Doris Dabrowski
Your posting suggests that the former employer breached the severance agreement. You should consult an attorney about possible legal action to enforce the agreement. Doris Dabrowski, 1525 Locust St., Philadelphia, Pa. 19102.
215-790-1115

posted by Doris Dabrowski  |  Mar 3, 2011 08:43 AM [EST]

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