How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask socrateaser Your Own Question

socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 33515
Experience:  Retired (mostly)
Type Your California Employment Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

I have a severance package that they sent me saying they would

Resolved Question:

I have a severance package that they sent me saying they would pay me or 16 weeks base salary which equaled to 20,840, Now they don't want to pay me this and made a mistake on it so now they want to pay me 8,000 instead. Can they do this?
Submitted: 9 months ago.
Category: California Employment Law
Expert:  socrateaser replied 9 months ago.
Hello,

In order for you to enforce your right to the original severance package, you must show that you have continued to work for the employer in "detrimental reliance" upon the severance offer.

For example, if you had another job offer, and you turned it down because of your current employer's severance offer, and the other offer is no longer available, then the modified severance causes you approximately $8,000 in damages due to your detrimental reliance, on the original offer.

Conversely, if you simply continued to work, and the employer changed its offer, then there is nothing that you can do, because as an "at will" employee, your employer could completely revoke the severance offer, and you would have no claim against them.

In sum, you need to be able to show that you stayed on the job because of the offer, and by doing so, you gave up something of value that you could have received, had you refused the offer and quit your job.

Please let me know if my answer is helpful, or if I can provide further clarification or assistance.

Customer: replied 9 months ago.

Ok I am lost. can u call me to explain this. I do not understand. XXX-XXX-XXXX

Expert:  socrateaser replied 9 months ago.
Per website policy, and state law, all correspondence must take place through this interface. The website, obscures any attempt to send your phone number to me -- even if it did not, I would still be unable to contact you via phone.

There's an easy way for us to resolve your confusion. Simply answer the following question for yourself:

  • What have you given up in exchange for the original severance package?

If your answer is, "nothing," then you cannot enforce the original severance package against the employer. If you have given up something in exchange for the original severance package, then tell me what that something is, and I will be happy to tell you whether or not you can enforce the original severance against the employer.

 

Hope this helps.

Customer: replied 9 months ago.

Can I send u the document and u read and tell what they can do or not.


 

Customer: replied 9 months ago.
Relist: Answer quality.
Can I send u a copy of the document I signed and sent back and then u can give me an answer.
Expert:  socrateaser replied 9 months ago.
If you upload the document to www.mediafire.com, and then give me a link to the document in your next reply, I'll be happy to look at it.

Customer: replied 9 months ago.

http://www.mediafire.com/?afau7mwtmn6yk4w

Customer: replied 9 months ago.

http://www.mediafire.com/folder/3peoc44cbx4ocmc,afau7mwtmn6yk4w/shared

Expert:  socrateaser replied 9 months ago.
I need to walk the dog (seriously). Back in 15-30 minutes.
Customer: replied 9 months ago.

Please take a look and let me know as soon as u can.

Customer: replied 9 months ago.

Please take a look and let me know.

Customer: replied 9 months ago.

Are u back yet?

Expert:  socrateaser replied 9 months ago.
I'm a little confused about the jurisdictional issues.

1. You are apparently employed in California, but the employer is located in Ohio (y/n)?

2. If #1 is yes, then have you always been based in California, or did you come here from Ohio or somewhere else?

3. If #2 is yes, then where were you based previously, and when did you come to California?

Thanks in advance.
Customer: replied 9 months ago.

1. N

2. No, still there.

3. Still in Ohio.

I thought I was talking to an Ohio lawyer. Can u still look and see though.

Expert:  socrateaser replied 9 months ago.
The contract contains a provision that is specific only to California law, which makes it really oddball, if you and the employer are located in Ohio.

Anyway, what I see here is rather interesting. The contract states that you are terminated as of Oct 4, 2013. But, you signed the contract on Oct 9, 2013. If you were actually terminated on Oct 4, then this contract is entirely independent of your employment, which means that it's separately enforceable. You were offered $X to waive your rights and submit to a noncompete agreement, you agreed, therefore it's enforceable on its face, because your consideration for the various agreements contained in the contract were made in exchange for the payment of money.

The employer cannot alter the deal after the fact.

Hope this helps.
Customer: replied 9 months ago.

So should I hire a lawyer n fight this. What is your opinion? Also, can they do anything to my husband since he works for the same place I did. They can't fire him can they if I don't accept their new offer.

Expert:  socrateaser replied 9 months ago.
Let's talk about your husband, first. Assuming he's an "at will" employee (no special contract that prevents his being fired at any time, then the employer can terminate your husband.

Firing your husband could be construed as felony criminal extortion, if the employer were to terminate him after threatening to do so, unless you either agree to the change or drop the lawsuit.

But, if the employer were to fire your husband, just because it can, without any connection to your legal action, then the employer can do so, and neither you nor your husband would have any recourse.

So, that's the unlucky choice. You can accept the risk of your husband's termination, and fight the change, or you can accept the change.

However, you could also be played for a sucker here -- because you could sign the changed terms and conditions, and then the employer could fire your husband anyway. So, if you intend to sign the change, you may want to get an addendum that states your husband is not subject to termination except for willful and malicious or grossly negligent conduct for at least one year after your sign the modified agreement.

Otherwise, you could really get a bad surprise here, if the employer decides that your husband is no longer needed.

Hope this helps.



Customer: replied 9 months ago.

Thanks! I get it.

Expert:  socrateaser replied 9 months ago.
You're welcome and good luck!
socrateaser, Lawyer
Satisfied Customers: 33515
Experience: Retired (mostly)
socrateaser and other California Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    912
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    912
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    827
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    320
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3098
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    20
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.