Employment Law Questions? Ask an Employment Lawyer.
Thank you for trusting your question to JA today. I’m happy to be of assistance.
The information you have on Virginia pertains to wages. So, while it is correct that your final wages have to be paid by the next scheduled pay day, severance is not wages. Severance is a voluntary payment based on a contract with you, so it's slightly different. It is paid in accordance with the contract that created your right to be paid (the severance agreement). If it does not specify a time frame, then payment has a bit more flexibility and the employer could reasonably pay within a month or two.
While I certainly understand being in the position of relying on those funds, the only means of getting them is to sue the employer in small claims court in your state based on breach of the contract, to make that claim you need to wait at least 30 days before you could reasonably claim breach. I'd send the employer some communication asking what their delay is and asking when to expect payment, giving them a date by which to pay so that you can show that as evidence in a claim for breach.
If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.
Hello, I wanted to check in and make sure that there was not any additional information that you required.
If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.