I was offered a severance package from my employer - What is the time frame for me to get it?

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I have been waiting for over a week now and the employer has continued to not take my calls. There was no bad blood b/t me and the company - we just had a take over and they could no longer employ me. I have not received my latest (June) expense check either - i asked the sec/treas to put them together in the mail and still to no avail i have not received anything. The company is headquartered in GA and i work in CA out of my house. What are the laws in this case - and can i file for unemployment in California? The CEO told me he would check on it on monday - but i have yet to hear back from him and now it is Thursday.

Attorney Answers

3
Brett Borah ·
You are in the workers' compensation section of and, unfortunately, this question has nothing to do with workers' compensation. You would do better to ask it in the labor/employment law secction. As a workers' compensation attorney, I have no idea as to the answer to your question. Good Luck.
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Elisa Ungerman ·
Did you have to sign a severance agreement? That should have the dates anything was due you. If not, how was the severance arrived at? Orally? Did you receive any/ all vacation pay and other wages you earned before your termination (severance is usually unearned front pay) - because if you did not you are entitled to waiting time penalties up to 30 days. I would send a letter, registered mail, to the Company/CEO, requesting all the monies owed to you and how they are calculated. I would request that they be sent by a date certain based on the agreement or that you will seek whtever remedies you are entitled to. Then follow through. And if you worked in CA as an employee, and CA unemployment was paid, you would qualify for CA unemployment insurance.
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Eli Kantor ·
It is unclear as to whether you have accepted your severance package or not. Labor Code Section 203 provides that if you are terminated or laid off you must receive all of your wages and compensation within 24 hours, if not you are entitled to a penalty of one day's wage for every day that you don't receive it. However, this does not apply to severance.
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