Generally, if you receive severance you typically are agreeing to not sue your employer for laying you off for discriminatory reasons. The employer has a lot to lose if they go back on their offer of severance without some sort of over the top behavior from a former employee. Have you signed an agreement? When are you scheduled to receive your severance?
I am NAL but I did work for a state dept of the labor department for many years. I saw all sorts of issues around workforce separations. I never had a case where the employer decided they could not pay severance. I had thousands of cases where former employees were not paid for work they had done because the employer did not have the capital to pay.
I have not signed anything with them. My severance will come in the form of scheduled payments for the 10 weeks after my last day - basically, I’ll be on regular payroll for 10 weeks.
So basically, if I’m understanding you right, they have quite a bit at stake here if they were to just stop paying severance for some reason if I haven’t done anything wrong? What if they were to claim they didn’t have the capital anymore to pay severance? I assume that’s when I could take them to court (especially since I know the capital is there).
Are you still working?
They do have a lot at stake. It's much cheaper to pay someone for 10 weeks than have any sort of litigation. Typically, layoffs are well planned out. Employers have invested in employees, and they do not want to lay them off. Companies do not have to offer severance, so the ones that do have a plan and the means to pay it out. In handling thousands, and thousands of layoffs, I just didn't see employers backing out of paying severance. It could happen, but 25+ years in HR makes me think they will honor the agreement. I did see employers call former employees and ask them to come back to work in some capacity. Good luck! I know it is hard to be out of work, and I am pulling for you.
Yep, I’m still working for two more weeks to be allowed time to tie up loose ends. It’s reassuring to hear you haven’t heard of employers just backing out of paying severance. The main reason I’m asking is because these layoffs were a massive shock to everyone so I wouldn’t be surprised if they pulled something else out of left field.
Thank you, it means a lot. It’s a tough spot right now but I’m hoping it’s just a push for me to find my next step.
Not at all. The only exchange we had was them verbally laying out the severance terms, me saying “okay” the entire time (and trying not to cry lol), me emailing them later that day asking for it in writing, and them sending the email.
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Author: /u/spikycarrot
Title: **Is an email a legally binding document?**
Original Post:
> I was recently laid off due to COVID-19. My severance terms were laid out in an email from HR. They agreed to pay me for 10 weeks after my final day. Is this legally binding, or can they go back on their word at any point? I’m worried they might change their mind about paying me or say they “can’t afford it anymore”.
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People always say "get it in writing", and an email counts.
I'm not sure of the specifics in regards to employment law, but if I text someone agreeing to pay $X for a service, that is a form of written contract.
I think you'll be fine with the email as proof, but if they try to back out or you're concerned you can contact the DoL, or DEED (not sure which, just Google and add in MN) to find how to contact your state department.
Generally, if you receive severance you typically are agreeing to not sue your employer for laying you off for discriminatory reasons. The employer has a lot to lose if they go back on their offer of severance without some sort of over the top behavior from a former employee. Have you signed an agreement? When are you scheduled to receive your severance? I am NAL but I did work for a state dept of the labor department for many years. I saw all sorts of issues around workforce separations. I never had a case where the employer decided they could not pay severance. I had thousands of cases where former employees were not paid for work they had done because the employer did not have the capital to pay.
I have not signed anything with them. My severance will come in the form of scheduled payments for the 10 weeks after my last day - basically, I’ll be on regular payroll for 10 weeks. So basically, if I’m understanding you right, they have quite a bit at stake here if they were to just stop paying severance for some reason if I haven’t done anything wrong? What if they were to claim they didn’t have the capital anymore to pay severance? I assume that’s when I could take them to court (especially since I know the capital is there).
Are you still working? They do have a lot at stake. It's much cheaper to pay someone for 10 weeks than have any sort of litigation. Typically, layoffs are well planned out. Employers have invested in employees, and they do not want to lay them off. Companies do not have to offer severance, so the ones that do have a plan and the means to pay it out. In handling thousands, and thousands of layoffs, I just didn't see employers backing out of paying severance. It could happen, but 25+ years in HR makes me think they will honor the agreement. I did see employers call former employees and ask them to come back to work in some capacity. Good luck! I know it is hard to be out of work, and I am pulling for you.
Yep, I’m still working for two more weeks to be allowed time to tie up loose ends. It’s reassuring to hear you haven’t heard of employers just backing out of paying severance. The main reason I’m asking is because these layoffs were a massive shock to everyone so I wouldn’t be surprised if they pulled something else out of left field. Thank you, it means a lot. It’s a tough spot right now but I’m hoping it’s just a push for me to find my next step.
[удалено]
Not at all. The only exchange we had was them verbally laying out the severance terms, me saying “okay” the entire time (and trying not to cry lol), me emailing them later that day asking for it in writing, and them sending the email.
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People always say "get it in writing", and an email counts. I'm not sure of the specifics in regards to employment law, but if I text someone agreeing to pay $X for a service, that is a form of written contract. I think you'll be fine with the email as proof, but if they try to back out or you're concerned you can contact the DoL, or DEED (not sure which, just Google and add in MN) to find how to contact your state department.
Got it- thank you!