Should I bring legal action for more severance or take the 1 month offer?

[sanzoroad]

What is the name of your state? CA

I worked at my previous employer for 2.5 months and was terminated at their will. They gave a 1 month severance plus pay for accrued vacation. My originnal offer letter states, "Your annual base salary for this exempt position will be $X, payable semi-monthly in accordance with our payroll practices." I spoke with an HR specialist who told me based on how the offer letter was written, stating an annual salary, that I'm entitled to 9.5 months of salary based on the word annual and that I've already been paid for 2.5 months. I need advice on whether to pursue this or take the 1 month severance.

 

[fairisfair]

Unless you have some sort of an employment contract, Severance pay is not mandated by law. Take the money.

 

[Betty]

You are not entitled to pay for the 9.5 months you did not work, therefore; take the severance pay & vacation pay offered. There is nothing to pursue. Your offer letter was just letting you know the annual pay for your position but you're not going to get paid for time you didn't work.

 

[cbg]

Your "HR specialist" needs to go back to HR school. Your chances of getting another nine and a half months of pay range between slim and none.

 

[BelizeBreeze]

What is the name of your state? CA

I worked at my previous employer for 2.5 months and was terminated at their will. They gave a 1 month severance plus pay for accrued vacation. My originnal offer letter states, "Your annual base salary for this exempt position will be $X, payable semi-monthly in accordance with our payroll practices." I spoke with an HR specialist who told me based on how the offer letter was written, stating an annual salary, that I'm entitled to 9.5 months of salary based on the word annual and that I've already been paid for 2.5 months. I need advice on whether to pursue this or take the 1 month severance.

As others have told you, this HR person is an idiot and NOT an attorney.
So, if there is something you're not telling us, like another part of a contract you want an opinion on, then either post it here or hire your own attorney.

As it stands right now, based only on your post, you are not even legally entitled to the 1 month severence.

 

[Beth3]

What is the name of your state? CA

I worked at my previous employer for 2.5 months and was terminated at their will. They gave a 1 month severance plus pay for accrued vacation. My originnal offer letter states, "Your annual base salary for this exempt position will be $X, payable semi-monthly in accordance with our payroll practices." I spoke with an HR specialist who told me based on how the offer letter was written, stating an annual salary, that I'm entitled to 9.5 months of salary based on the word annual and that I've already been paid for 2.5 months. I need advice on whether to pursue this or take the 1 month severance.

Ditto. Your "HR specialist" doesn't have a clue what he's talking about. Expressing your compensation as an annual figure does not mean you were guaranteed a year of work or a year of pay. Since you only worked there 2-1/2 months, offering ANY severance is quite generous on the employer's part. Take the money and run.