What are y options regarding a severance package dispute?
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What are y options regarding a severance package dispute?
My former company gave me 2 severance packages; the first 1 promised 8 weeks of pay and the second promised 13 weeks. The second package said all other packages would be voided. After leaving and only receiving a week’s of pay, I have opened a ticket with HR. It has been 6 months since leaving and I’m told that it is still being looked over by legal. Do I get legal help now or continue to wait? Would hiring legal help be worth the 5 weeks of pay?
Asked on August 15, 2018 under Employment Labor Law, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If you signed/agreed to the second package, you are entitled to it: if they don't pay you the full amount, you could sue them for "breach of contract" for the extra money.
Assume a NJ lawyer will charge you at least $1,000 and possibly up to $3,000 for the lawsuit (I practice in NJ, so I am familiar with NJ attorney billing; there is a wide range, however, and you could "price out" different lawyers to get a better price). If 5 weeks of your salary is worth paying that amount to increase the odds of winning (since you are more likely to win a lawsuit with a lawyer than without), hire an attorney. Otherwise, you may wish to act as your own attorney or "pro se" and bring the suit without a lawyer. If the amount (i.e. 5 weeks of salary) is $3,000 or less, sue in small claims court--it is easier, cheaper, and faster.
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