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My employer breached two parts of severance agreement. 1) agree to no reference policy and 2) confirm resignation not terminated
Anonymous2 views4 answers
My employer terminated me a few months ago. As part of the Severance Agreement, my employer agreed to give me severance payments; the employer agreed to state that I resigned based on any reference request; and that no reference could be given per company policy. I just got confirmation that my former employer not only gave a reference (inaccurate) but also suggested that I was terminated. In my view, the employer breached the severance agreement. What can I do to ensure it is enforced?
I would need more information including reading the language of your Severance Agreement to be sure, but it sound like your former employer may have breached the contract. I recommend you speak to an employment lawyer who can evaluate your situation and help you figure out what you should do. For example, if your primary goal is to prevent this from happening again then it might make sense to have a lawyer write a letter to the company warning them that they better not continue to breach your Severance Agreement in the future.
A severance agreement is a contract. Most have enforcement provisions requiring arbitration or allowing for an injunction. You should take your severance agreement to an employment attorney and have her review your options for recovery. Sometimes there is a liquidated damages provision which stipulates an amount you can recover for violations. Your employment attorney can explain all of the details of the severance.
Best of luck!
I'd advise you to hire an employment attorney to review your claim. You might already have a violation of the agreement, and the former employer may be on the hook for monetary damages if they made such a representation.
Based on your statement, it appears that your employer has breached the severance agreement which is a legally binding contract. Due to the breach of contract, your employer may be liable to you for damages. The specific terms of your agreement will determine the course of action you will be able to pursue (i.e. court proceedings or arbitration). You need to bring your severance agreement to an experienced employment attorney to review the exact terms of the agreement. The attorney will then be able to discuss with you your options for preventing future breaches and the possibility of some sort of monetary recovery, if allowable under the agreement.
