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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12631
Experience:  Significant experience in all areas of employment law.
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I am awaiting a severance payout. I was told to wait to sign

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I am awaiting a severance payout. I was told to wait to sign the agreement until after the termination effective date. I sent the signed agreement in to the company on 12/2 and was informed it had been received, and then was told it had not been received. So, on 12/10, I emailed it. The agreement states that they hold on to the agreement for 7 days after the signature date as part of revocation period. Since 7 days had elapsed as of 12/10, they should have submitted the agreement for processing upon receipt. A couple weeks later, I asked when I could expect to receive the payout and was told it would come with regular payroll on 12/30/16. On 12/29, I was informed that I would not be paid until 1/15/17 due to a delay due to the holiday. Given the date I submitted the signed agreement, the holiday should have not caused any type of delay as there was plenty of time for processing. Is there any recourse that can be taken for them not holding up their part of the agreement as far as timing is concerned?

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Unfortunately, the only recourse would be to sue for accrued interest. However, since the delay in payment was only 2 weeks, the amount you would stand to recover through a lawsuit would be very small, and almost certainly not worth the time and money you would invest in pursuing the claim. You can certainly ask your employer to pay interest on the amount, but you regrettably do not have much leverage to make such a demand.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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Customer: replied 7 months ago.
Thank you for the information. I figured that would be the case.

You are very welcome, I just do wish that I could have provided better news. Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service (using the stars at the top of the page) so that I may receive credit for assisting you.

Very best wishes.

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