severence pay

I was recently terminated by my employer of 6 1/2 years. In my employment contract there was a severence clause stating I would get 1 month for every year of service. The company I worked for has been bought out several times and there have been many HR and Management changes, they can not find my contract (the can't even find an employee file on me and have no records for me at all) and only want to pay me 8 weeks severence. I have searched my files and can not find a copy of the agreement either.

My question is; are they obligated to pay me the full amount of severence owed or am I out of luck due to the fact that neither of us can find a copy of this agreement?

thanks,
MaryEllen

1 answer  |  asked Jul 2, 2004 3:38 PM [EST]  |  applies to New York

Answers (1)

David M. Lira
Proving a Contract

If you had a copy of the contract, you would have a pretty solid case.

The fact that neither you nor the company have a copy of the contract doesn't necessarily kill your claim for severance, but you have a very difficult case with a copy of that written contract.

Moral of the story: Each of us should have one place where we can safely store important documents such as contracts.

posted by David M. Lira  |  Jul 6, 2004 1:45 PM [EST]

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