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Statute Of Limitations On Severance Pay?

Corporate Law Discussions

Statute Of Limitations On Severance Pay?

Postby Ario » Sat Dec 03, 2016 8:54 am

I worked for a county government office(in Florida) for 14 years when there was a change in administration and I was "let go".  At that time, I was not notified that our county had a policy of giving a weeks pay for every year worked as a severance package(that's a fact I found out just today).  I have since gained employment with another local government agency but I was wondering if there was a statue of limitations on severance packages?  Is there any possible way I could still collect that money?
Ario
 
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Statute Of Limitations On Severance Pay?

Postby Somerton » Sun Dec 04, 2016 6:10 pm

Marie - There are facts not clear from your question that make a difference, such as whether "let go" was for cause or not. Most severance agreements are good only when the separation of the employee was not for cause.  Next, was the policy one that was written down somewhere?  If the severance package was part of your salary and benefits, rather than discretionary, you may have a claim.  

These issues go to whether there was a contract between you and your employer that said you would receive the severance upon separation from your job.  This is not employment law, but contract law.  If there was a contract, i.e., if your entire employment package included the severance, you have a contract claim against the employer.  In Florida, contracts are subject to a four or five year statute of limitations, depending on whether or not they are in writing.  (Check with a local attorney, though - I am not expert in Florida law)  I suggest you move quickly, as it may be that Florida has a different statute for employment contracts.

You need more information before you can receive a good, solid answer to your question.  As I have described above, you must find out whether the policy is in writing; whether it covered people in your position at work; whether it was discretionary or not; and whether the way you left the previous job could have made a difference in whether you are entitled to severance.

You may be able to resolve this with a call or two to the county human resources office.  They should have the information you are seeking.  If you get the answers and still have questions, please feel free to write again and continue with this inquiry.
Somerton
 
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Statute Of Limitations On Severance Pay?

Postby Eorlland » Mon Dec 05, 2016 11:20 pm

I worked for a county government office(in Florida) for 14 years when there was a change in administration and I was "let go".  At that time, I was not notified that our county had a policy of giving a weeks pay for every year worked as a severance package(that's a fact I found out just today).  I have since gained employment with another local government agency but I was wondering if there was a statue of limitations on severance packages?  Is there any possible way I could still collect that money?
Eorlland
 
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Joined: Sat Jan 04, 2014 3:39 am


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