Severance release signed, but no payment has been sent.

After being fired for a disagreement with my former employer, the HR manager asked me to sign a release agreement in exchange for 10 days severance. HR phoned me to say they received the contract and had mailed the check. A week went by with no mail. I called again to check on status and to report it in case it was lost in the mail. Upon the second call, I was told that a junior level HR employee mailed the check the day of my second call. A week has now gone by again with no check. Do I have grounds to sue for the 'run-around'?

1 answer  |  asked Dec 24, 2005 6:39 PM [EST]  |  applies to Illinois

Answers (1)

Anthony Cameron

The general rule is that any earned pay is to paid NLT the pay period following your departure. Here, the negotiation appeared to follow your departure and I don't know when your pay periods are.

Also, it is lawful and proper for the agreement to contain a seven day cooling off period (another delay) if you are over forty.

If we assume your pay periods were the first and 15th, just for an example and you signed the agreement on the 16th of December, it's not late until the 16th of January.

Also be aware your severance can impact when you can start drawing IDES, if that is an issue for you.

If you'd like to provide more specifics, I can give a more precise answer.

Anthony B. Cameron

posted by Anthony Cameron  |  Dec 25, 2005 10:44 AM [EST]

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