Offered Severance and Now Threatened to take away

[pugdog1964]

What is the name of your state?What is the name of your state? Illinois

I was recently fired from a not-for-profit in Illinois. I was given two options upon leaving. (1.) Take 3-month severance; or (2.) Take 3 months off unpaid and return to company; but not same position. I chose the 3-month severance, and was told to leave that same day. I received my first paycheck, and on the next pay period was to receive both my unused vacation, in pay, AND the second installment of my bi-weekly pay check at the same time. I only received the unused vacation pay, and upon calling HR to inquire, was told I was under investigation by our auditor for questionable approved expenses prior to my leaving, and until the investigation was over I would not receive any more of my promised severance. I am to speak with the auditor this Monday (in two days).

Is this possible? Should I speak with the auditor? (I believe I can clear up any questions they may have; I did not misappropriate or approve any expenses unjustly). If they are not happy with response, can they rescind the offer? Anything important I should know before chatting with the auditor? Any advice would be appreciated. Thank you.

 

[longneck]

do you have the severance offer in writing? and have they paid any of it yet (beyond the accrued vacation time)?

 

[pugdog1964]

#1. No, I had not yet received anything in writing, or signed any agreements. They were to mail me the documents, but then held them back (rather HR was told to hold off sending them to me) until the "investigation" was conducted. #2. As to your second question, the first check I received after termination was mostly pay for work I performed prior to dismissal. So, no, technically, I have not yet received a "100% severance" check (i.e. continuation of pay - post dismissal). Advice? Thank you.

 

[BelizeBreeze]

You have no contract for severence pay and as such, they are not legally obligated to offer you such.

 

[pugdog1964]

So I have no legal right to the verbal agreement, and they, subsequently, do not have to follow through on their verbal agreement?

Further, since, as you say the company has no legal rights to me because there was no signed document, I on the other hand, was never told I would be investigated, and such never signed any document stating that I agreed to the course of action. I was never told or signed any document stating that an investigation may halt or eliminate the benefit to me of our agreement, or that an "investigation" was even a possibility. I had no way of knowing this could happen, and that it could affect my severance agreement. Since you say they have no right to pay me the severance, what are my rights that I had no idea our "agreement" could be extinguished given the outcome of a personal investigation? Thank you for your information, but just what are my rights? What are my rights as an employee of 10+ years to this company as it relates to the act of "good faith." Thank you for any information.