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severance contract advice California

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  • severance contract advice California

    I have recently severed employment with my previous employer. As part of the agreement for me to waive several claims against them, they made a lump sum payout of "120 days of salary" as defined in the severance contract. It was my impression this was 120 days worth of salary (meaning - on average - 20 working days per month so 6 months worth of pay)

    When I was paid, I received 4 months of pay. Does this add up? Does "120 days" of salary equal 4 months? or does 120 days of salary actually mean what they tried to sell it to me at severance time - 6 months ? Or have I just being royally screwed.

    Another thing to note, they included in the severance contract that as part of the compensation I would receive all 'wages and expenses due' - it is my understanding that this in itself makes the severance contract void as the compensation is actually something the company already owe me. Does this mean the contract is actually void and technically im still employed? What are your thoughts here?

    Thanks for the advice for this nubie!
    Last edited by spang; 02-18-2010, 04:42 PM.

  • #2
    Without seeing the actual agreement, you will not get many responses. My opinion is to take the agreement to an employment law attorney to assist you.

    I can tell you that 120 days "normally" means 4 months, not just work or business days unless specifically mentioned.
    Good luck!

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    • #3
      Agree with angel_28 that 120 days usually equals 4 months of salary. However, as suggested, you should take the severance contract to an employment or contract attorney for review.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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      • #4
        Originally posted by Betty3 View Post
        Agree with angel_28 that 120 days usually equals 4 months of salary. However, as suggested, you should take the severance contract to an employment or contract attorney for review.
        I am in agreement as well. Did you not look at a dollar figure prior to finalizing this agreement?
        Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

        I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

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