Hello, I have a contract saying if my employer wants to let me go, they must give me two weeks notice, they didn't they gave me my last check and told me to leave. Can i sue them for this?? in the contract it also states that they have to issue me $200 severance allownce as well. they gave me that, but not the two weeks they signed for, and now i have no job, and money...what can i do?
2006-09-15 11:57:04 · 16 answers · asked by Nikki 2 in Politics & Government ➔ Law & Ethics
Contact a lawyer who will take your case on a contingency fee. You pay nothing up front. The lawyer will get a percentage of any settlement or court imposed penalty, but if you lose, you owe your lawyer nothing.
PS. You're HOTTTTT!!!!!!!!!!!!!!!!!!!
2006-09-15 12:08:49 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Most contracts have an "out" clause for the employer that allows them to nullify it if the employee violates it first.
If your termination was due to policy violations, misconduct, poor attendance or performance--and they have documentation to back it up--then you are out of luck. Also, if you were fired for these reasons, you're probably not eligible for unemployment either.
If you did not violate the contract or otherwise give them reason to terminate you, and you didn't sign anything saying that you would not pursue the matter (usually a requirement in order to receive a severance), you probably have pretty good grounds for legal recourse.
Get a consultation from a lawyer, however, because in some states, even if you win your case, the employer will only be required to pay you an additional two weeks. Fighting the case might be more expensive than the payout.
Good luck.
2006-09-15 12:21:24 · answer #2 · answered by a_man_could_stand 6 · 0⤊ 0⤋
You can't win if you violated the contract somehow... stealing, late for work, whatever is in there to give them an out. If they paid you the severance pay they must feel they're in the clear here, better read your contract again and try to figure out why they feel that way. Did you ever get counseled for poor performance, etc etc? Not implying, just asking.
Suing them in small claims for two weeks pay will cost you $35-40 depending on the filing fee. Doesn't hurt to try. Take your documentation and let them bring theirs, judge will take a look at both sides and you'll find out quick!
ps- you don't need a lawyer for small claims, and it would cost you more than the 2 weeks pay.. :)
2006-09-15 12:26:45 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Sure, you can sue for anything you want. But, can you get an attorney to handle it for you? That is the real question. If you've been hosed out of 2 weeks pay and you want to sue, how much will the attorney fees be? Most attorneys take a percentage of the recovered amount and they need to see some amount of profit for their time.
Have you thought about standing out front with a picket sign and trying to give them negative publicity so they'll pay? Most companies will pay off to avoid that kind of involvement. The cost here is only your time. Maybe you can get it in the newspaper too....
2006-09-15 12:04:22 · answer #4 · answered by Paul 4 · 1⤊ 0⤋
Are you sure that the contract didn't state that you were to give them the two week notice? Read the contract and ask yourself if you violated any conditions of employment. If you did than you have no recourse. Remember too that suing an employer doesn't look good to future employers.
2006-09-15 12:09:09 · answer #5 · answered by James C 2 · 0⤊ 0⤋
They are obligated to give you those two weeks pay since they already let you go. If it is written in the policy yes you can sue or at least threaten to sue. Since they didn't give you notice and give you a chance to find other employment they MUST give you the 2 weeks pay. Get an attorney to send them a letter and they'll pay up quick.
2006-09-15 12:02:25 · answer #6 · answered by Janet lw 6 · 0⤊ 0⤋
there is honestly NO real way that all people at right here can answer that question with out examining YOUR hire. great. you have a 2 year signed hire. What does it SAY approximately this. If it says that landlord can wreck it if the home is offered, or that one and all they ought to do is provide notice to you, and you signed and agreed to it, then you won't be in a position to sue them So, your answer is, we will not inform you in the event that they breached the contract considering that we don't understand what's interior the contract.
2016-10-15 01:09:24 · answer #7 · answered by Anonymous · 0⤊ 0⤋
If you gave a two week notice they can let you go immediatley. If not then you might have a case. However it'll cost you to enter the case and it'll a long time before you get to court. Plus he has more money than you for a defense, and they usually win. For the amount he owes you - let it go.
2006-09-15 12:02:03 · answer #8 · answered by Jim C 5 · 0⤊ 0⤋
Unless there was cause (theft, repeated warnings) you can go down to the Department Of Labor and file a claim. Bring all your docs. They will get the money owed you and remit it.
2006-09-15 12:03:20 · answer #9 · answered by Anonymous · 1⤊ 0⤋
A) not all countries or states have the same laws regarding labor laws... check with the labor board
B) do you not qualify for unemployment
C) get a job..
2006-09-15 12:40:24 · answer #10 · answered by bluedanube69 5 · 0⤊ 0⤋