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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19319
Experience:  Employment/Labor Law Litigation
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I am located in. I was off on December 14 and given a

Customer Question

I am located in virginia. I was laid off on December 14 and given a severence package and was told the money would be deposited in the account I used for direct deposit. I assumed it would go in the following payday which was Dec 25. Since it was a holiday I waited until Monday for the deposit. I have not gotten anything and emailed my former employer with no response yet. I read on the Virginia employment site something that seemed to say they had to pay me by the next scheduled payday. My questions are, is that correct that I should have received payment the next payday and also what the next steps would be if I don't get a timely response. Thanks
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

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.

Expert:  Allen M., Esq. replied 1 year ago.

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.