Would I be able to get some sort of award if if my severance wasn’t paid on time?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Would I be able to get some sort of award if if my severance wasn’t paid on time?
The company told me that I would be getting 2 weeks of severance pay since I was with the company for 2 years. The store manager also told me that as soon as I submitted all my paperwork I would be getting my paychecks. He also stated that it would be paid in full within 2 weeks, 1 week 1 check and the next week the other. The severance pay paperwork I had to sign was also stated the same. Now we are on the third week and I haven’t gotten my last check. I currently have a case with the labor board and the company. Can I receive anything from them for not paying me on time and causing my not to be able to pay my bills?
Asked on September 8, 2011 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If a company violates its agreement as to when to pay severance, then the recipient of that severance could theoretically sue the company for any additional damages flowing out of the late payment, such as bounced or dishonored check fees, interest (if money had to be borrowed to meet obligations), etc. However, the problem is that you could only receive compensation equal to your actual out of pocket losses or expenses, and that you would have to sue them in court (I don't believe the labor board could award you anything for this, but you can certainly ask). That means that unless you had unusually large out of pocket losses or costs, it would not be worth taking action, since the cost of the lawsuit would likely exceed what you could recover.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.