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Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 100047
Experience:  Years of experience in running a medium sized law firm.
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My job was terminated, along with many others. The day I was

Customer Question

my job was terminated, along with many others. The day I was terminated, I was informed that I would continued to be paid full salary and benefits for two months and also receive a severance package. A week latter, they said I would only receive the severance package. They said HR had made a mistake. The Verbal offer was made to me in front of my manager and my Director. Any recourse?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: MA
JA: Have you talked to a lawyer yet?
Customer: no.
JA: Anything else you think the lawyer should know?
Customer: I had a operation scheduled for 8/22/16. Rotator cuff. Termination date 8/17. I had 100 hours of sick time available to me. I went ahead with operation due to the fact that I thought I was on payroll for two more months. I did not realize the urgency to start a job search. I cannot drive for the next 4 weeks. Both have impacted my job search efforts
Submitted: 3 months ago.
Category: Employment Law
Expert:  Ely replied 3 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. On this website, I do not always get to give good news, and this is one of these times.

While verbal agreements are enforceable, they are very hard to prove. I am going to assume you have nothing in writing. As such, the onus falls on you to prove that they made this promise by a preponderance of the evidence, which means 51% or over. You can theoretically subpoena witnesses to Court to force the issue, and perhaps even win the case. However the onus is on you to file the lawsuit, and many current employees may be afraid to confirm what was verbally promised because they would value their job security.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

I hope this helps and clarifies. Please use the You SEND or REPLY button to keep chatting, or please RATE when finished. may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

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