severence pay contract

I was recently let go from my company because I mistakenly sent an email to the wrong vendor. As of yet, the company has not taken action on my unemployment.
Also, they told me they were going to give me 2 weeks severence pay. I did not sign the document at the time of my dismissal. I don't like making those decisions at a time like that. I did not realize I should of sent them a signed copy of the agreement (they did not sign it as well). They did not ask for the keys to the office at the time of dismissal, nor did they call or email me asking for them. I discarded the keys, and now they are not going to give me my severence pay.

1 answer  |  asked Nov 2, 2004 1:46 PM [EST]  |  applies to Pennsylvania

Answers (1)

Christopher Ezold
Severance issues

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, you appear to have two problems; first you are concerned about your severance, and second, you are concerned about unemployment.

With regard to severance pay, you generally have no right to severance in Pennsylvania unless it is provided by contract. Unless you had an employment contract that provided severance for you, the termination agreement they gave you (which, I assume, also waived your rights to sue the company) would be the only instrument that would give you severance. Because neither you nor the company signed it, it appears that they withdrew the offer when they discovered you had thrown out the keys.

With regard to unemployment, the employer has a limited time to challenge your application. Until they do, there is nothing an attorney can do for you.

A third issue you may not have considered is whether other employees were terminated or disciplined for acts similar to yours. If not, you may have a claim for the termination.

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/
Nancy O'Mara Ezold, P.C.
401 City Line Avenue,
Suite 904
Bala Cynwyd, PA 19004
(610) 660-5585

posted by Christopher Ezold  |  Nov 2, 2004 2:01 PM [EST]

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