Losing a job can be a tough experience, but a severance agreement can help ease the financial burden and provide a bridge to your next opportunity. Unfortunately, not all employers fulfill their obligation to pay severance, which can leave employees feeling uncertain and frustrated.
This can be especially challenging for those who rely on the severance pay to cover their living expenses while they search for a new job. If you find yourself with an employer not honoring your severance agreement, it’s important to understand your rights and available options.
What to Do if Your Employer Isn’t Honoring Your Severance Agreement:
If your employer isn’t honoring your severance agreement, there are several steps you can take to try and resolve the issue. Here are some options to consider:
1. Review the Contract
If your employer fails to honor your severance agreement, the first thing you need to do is review the terms of your agreement.
Now is the time to thoroughly review the language used in your contract and other related documents. If you already have a lawyer that helped you negotiate the contract, contacting them for assistance is a good idea.
If you do not have a lawyer, you should strongly consider speaking with a lawyer who specializes in employment law that can review your contract.
You want to have a clear understanding of:
- What you are entitled to as stated within the severance agreement, and
- How your previous employer is in breach of the contract.
2. Contact Your Employer
Sometimes a failure on your previous employer’s part to honor their obligations is simply an oversight. Calling or sending a polite email can be an effective way to remind them of your agreement and that they are in breach of it.
You may have to remind your company of their obligation to compensate you according to your severance agreement after they terminate your employment. Providing them with information about the agreement may be necessary.
Be sure to be polite and straightforward in your communication. Remember, you don’t need to burn unnecessary bridges – you may need to contact your previous employer again in the future.
This communication can be in the form of:
- an email,
- or scheduling a meeting to discuss the matter.
Be sure to document all communications for your records.
In the event that your employer is willfully ignoring the agreement, you may need to consider pursuing a more formal legal route.
3. Seek Legal Advice
If your efforts to negotiate with your employer have failed, it’s time to consider seeking legal advice. An employment lawyer can review your severance agreement, explain your legal options, and help you file a complaint with a government agency or initiate legal proceedings against your employer if necessary. With their expertise in employment law, they can provide guidance and support to ensure you receive the severance package you’re entitled to.
You signed an agreement and your employer has an obligation to honor it. Obtaining sound legal advice is the best way to ensure that happens.
Our office handles severance packages and agreement disputes throughout the state of California. If you need help resolving an issue with your employer, you can call our office at 714-409-8991 or fill out one of our contact forms.
4. File a Complaint with Relevant Agencies
If your previous employer refuses to comply with their legal obligations, filing a complaint with a relevant agency can help. Depending on your situation, you may be able to file a complaint with the following agencies:
- Equal Employment Opportunity Commission (EEOC)
- Department of Labor (DOL)
- State Labor Commissioner’s Office
The process and requirements for filing a complaint vary by agency. An employment lawyer can provide valuable information about how to make a complaint and ensure you meet all of the necessary requirements.
5. File a Lawsuit:
In the unfortunate event that your employer has failed to honor the terms of your severance agreement and you have exhausted all other possible avenues to recover the money owed to you, taking legal action against your previous employer in the form of a civil lawsuit may be the only remaining option.
However, navigating the legal system can be a complex and daunting process, especially without the guidance of a seasoned professional. This is why it is highly recommended to seek the counsel of an experienced employment lawyer who specializes in labor law and has a strong track record in handling similar cases.
An employment lawyer can evaluate your case and determine if pursuing legal action is the best course of action. They can also help you understand the legal process and assist you in preparing and filing the necessary legal documents. Additionally, they can represent you in court and negotiate with your employer on your behalf.
In the event that your case goes to trial, your employment lawyer can use their knowledge and experience to present a strong case in your favor and help you receive the compensation that you are entitled to. Throughout the process, they can provide invaluable guidance and support to ensure that your rights are protected and your interests are represented.
Speak to the Employment Lawyers at Eldessouky Law
At Eldessouky Law, our experienced employment lawyers are committed to helping employees obtain the wages and benefits they are entitled to. We have extensive experience in litigating severance package disputes and can guide you every step of the way.
If your former employer is refusing to honor the agreement and pay you the wages or benefits promised in your severance agreement, call our office today at 714-409-8991 and schedule a consultation with one of our experienced employment lawyers. We can review your case and provide you with the legal advice and representation you need to ensure that your rights are protected.
Don’t let an uncooperative employer take advantage of you – contact Eldessouky Law and let us help you get the compensation you deserve.