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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5126
Experience:  Extensive experience representing employees and management
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I resigned and accepted a severance agreement that included

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I resigned and accepted a severance agreement that included 3 month's salary in exchange for making myself available to the company for any open legal claims. The contract states that I will be compensated at my regular rate for any work done after the severance period has expired. I have submitted expense statement and hours worked (recorded by the Company attorney) and have not been able to get paid. I have made several requests and reminders however there still is no payment.

I agreed to keep the severance confidential. Do I have any recourse? I am currently unemployed.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello,

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

Yes, you can disclose the terms of the severance agreement in court in order to make a breach of contract case against your former employer for not paying you the money that you are owed for your hours worked and expenses.

If the amount is less than $10,000, you can file a small claims complaint.

You can read more about doing so online here:

http://www.courts.ca.gov/selfhelp-smallclaims.htm

Alternatively, you could file a wage claim if your former employer continued to treat you as an employee while having you work on open legal claims.

You can do so using the information online here:

http://www.dir.ca.gov/dlse/howtofilewageclaim.htm


In addition to the amount that you are owed, you would be entitled to penalties of a day's wages per day you were required to wait to receive the amount owed (for up to 30 days of penalties).


I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

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Thanks and best of luck!

-Joseph
Joseph, Lawyer
Satisfied Customers: 5126
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

Will I need to have representation to file?

Expert:  Joseph replied 1 year ago.
Hello Polly,

No, you can file suit in small claims court without representation. In fact, the vast majority of litigants in small claims court are not represented by attorneys.

The same goes for wage claims. They are actually free to file and the DLSE does all the work.
Expert:  Joseph replied 1 year ago.
Hello Polly,

Thank you for your positive rating of my service! It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should you have future legal questions.

Please request me directly by placing “to Joseph” at the beginning of your question or you can ask a question directly to me through my URL here:

http://www.justanswer.com/law/expert-joepatterson/

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and best of luck,

Joseph

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