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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
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Experience:  Employment/Labor Law Litigation
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I live and worked in the State of Ohio. Was part of a reduction

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I live and worked in the State of Ohio. Was part of a reduction in force. My employment letter dated 9/30/2009 states " will be eligible for six (6) months of severance". In my termination letter, employer begins the 6 month severance calculation on the day after my last work day. I believe my payroll for the previous 2 weeks worked (of which I had not been compensated on my notification date of 6/10/2013) is mutually exclusive to the severance. Last date worked was 6/10/2013; Agreement and General Release states severance dates are 6/11/2013 - 12/10/2013. If not RIF'd on 6/10/2013, on 6/14/2013 I would have been paid for the following dates: 5/27/2013 - 6/9/2013. I believe my severance pay should exclude wages for 5/27/2013 - 6/9/2013 as that was "regular payroll" and severance pay should actually begin for payroll period 6/23/2013 - 7/7/2013 and the 6 months should begin on 6/23/2013 and end 12/22/2013. Technically 6/10/2013 is outside of the payroll dates above. I can figure out the math, trying not to get too technical. Who is correct? thank you
Keith [email protected]

Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.


The reason that you won't find anything concerning severance on the DOL or other state law sites is because severance is not legally required in any state.


As such, states don't go into the process of defining what can and can not count towards severance. While I certainly understand your position here, the entire question is a matter of contract law and not any other external matter. If your contract for severance states that you'll be paid certain dates for severance, that is what they have promised to do.


So, this really comes down to a matter of contract interpretation based on the exact wording of your severance agreement, meaning that if you want that two weeks additional, you're going to have to sue them in state court for two weeks of pay.



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