Not sure where to post this...
Wasn't sure where to post this problem, and if there's somewhere off monster with a forum for advice on stuff like this, I'd appreciate getting pointed in that direction!
In a nutshell, I was laid off last Friday. In addition to my final check I was given a 2 week severence check date for July 5th. I get an email from my former boss today saying that upon further review he decided he didn't like my performance the last week of work and was stopping payment on my severence check.
Anything I can do?
Tough break. That really sucks. I am sorry you not only got laid off, but that your ex employer was a slime.
I don't know where you live, but I do know that in most states there really aren't any "severance laws" per se.
It seems like more and more employers are pulling this kind of sucker punch. There is a website called employeeissues.com, and here is a link:
http://employeeissues.com/severance_pay_laws.htm
Maybe this will help you in some way. Good Luck and keep your head up
Troll G
Well, they don't have to give you severance so they're probably within their rights to stop payment although that's certainly slimy. I would have cashed it Friday or Monday or today (why on earth did you hang on to it so long anyway), and then said "too late sue me if you want it back".
Since the boss called you however, I'd put in a call right now to the HR department and complain and ask them if there's a stop payment or not and if they say there is, tell them that you considered that severance a contract and that you'll be suing them for it if they don't provide a replacement check immediately. It won't be worth your while to go that far probably, and you may not win even if you did go that far, but it may get them moving to replace it and stop being petty.
And, if "laid off" means that they didn't have a job for you anymore, you can apply for unemployment which they will have to pay. If "laid off" means that they fired you because you did something wrong, you may or may not be able to collect unemployment depending on the laws in your state.
Tess
Tess - my understanding of the OP is that the severance check was post-dated to July 5, so it could not have been cashed/deposited prior to that date.
And actually, it might be worth it to sue in Small Claims Court. It costs little, plus your time, and the company may well decide it's not worth its time to send someone to court, so may just settle to get rid of the problem.
LVal is correct. First, try to cash the check to see if it is any good. Your boss would have to pay a fee to stop payment, if he is a real cheapskate, he may not have, hoping you would not deposit the check in reliance on his "word."
If a stop payment was issued, find out what agency in your state governs payment of wages; here (TX) it is under Labor Code, "Payment of Wages." File a claim for his failure to pay your wages. Never give the original check away, unless you must do so in a legal proceeding; it is your evidence. No, your employer probably did not have a legal obligation to give you severance pay; however, the check is prima facie evidence that he thought he owed you something. His change of mind and decision to stop payment could be construed as bad faith.
Just my opinion.
Also, anyone can take a post-dated check and deposit it. Unless you really trust someone, never give anyone a posted-dated check relying on them to wait under you have sufficient funds in the account to cover it.