California Employment Law
California Employment Law Questions Answered by Legal Experts
Good morning Chris,I'm Doug, and I'm very sorry to hear of your situation.The mistake made by HR in passing on to you the substance of the severance that was to be offered was not a contract, but merely a statement of intent. It is not possible to hold an employer liable for mistakes made in passing on statements of intent, and so, under CA law, you will not be able to force them to give you the 6 months severance. Under the law, they were free to make any modification to the ultimate severance agreement that they submitted to you for your signature, regardless of what they might have initially led you to believe.Also, as regards XXXXX XXXXX in CA---keep in mind that if the money you get is not stated in a writing as compensation for you giving up any rights you might have to sue the employer---if it is simply a lump sum of money, then unemployment will consider it wages and you will be ineligible for unemployment benefits until the number of weeks has passed which equals the weekly pay you received before termination divided into the amount of severance pay you receive. If you have to give up the right to sue in writing in order to get the severance, then you will be eligible for unemployment immediately.You may reply back to me using the Continue the Conversation or Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me. Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time in assisting you. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and contact me with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to address your concerns to your satisfaction.I wish you the best in 2013,Doug
Thank you kindly as I truly appreciate your help.
All the best to you was well in 2013.
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