Small Claims Court, Hire an Attorney, or SOL?

[bellirng]

At the end September, my husband gave his employer notice of resignation (while he was on light duty). A couple days later, his employer told him they were going to let him go and pay him 2 weeks severance pay. Every three months, the company pays their employees a cash payment if they do not take the company insurance. On October 11, the company wrote checks for July, August and September. On October 11, my husband was not working there, but due to the 2 weeks notice, he was on the payroll. I was told that since he was not actively employed he was not eligible to receive this money. I contacted the main office and was read the employee manual where it states the company may elect not to pay benefits if the employee is not on the company payroll. After calling them on this point, I was told the employee had to be actively employed. I do not have a copy of the employee manual. Thanks for any help!!!

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Your question being if you are entitled to this money?

Check with the department of labor on this matter, because if it is an INCENTIVE program, they can probably legally withhold.

As to statute of limitations, since this is less than a year old, you should be okay.
http://www.dol.gov/