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Question about witnesses...

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eponine365

Junior Member
What is the name of your state? North Carolina

Our lawyer just sent out a letter asking for the money that my husband's previous employer owes us from his breech of the severance contract. The wording in the severance contract is without a doubt (the opinion of 3 different lawyers) worded in our favor.

Now, with that being said. There was another employee that sat in on the termination. My husband's old boss is saying that she is a witness to what that was supposed to mean. And to give you a brief history here... they are saying that they would pay his vacation, plus any accrued vacation to equal 160 hours = one months pay. What my husband was told, was his ex-boss reading this quote from the seperation agreement "Continuation of base salary and health benefits together with any unused and accrued vacation, up through and including September 30, 2004, and any standard expenses prorated through August 31, 2004." So, before signing we had our lawyer look over it... and he agreed that it was one months pay, plus vacation, plus accrued vacation.

So... they now have 30 days to respond/pay or we're probably going to just do small claims court because it is just under 4k.

The big question here is... does that witness matter at all? I would honestly think that she would be worthless because she'll agree with the employer in a heartbeat... ya know?

Just curious what ya'll think. I'm nervous about court, but I doubt they'll pay up.

-Michelle
 


BL

Senior Member
eponine365 said:
What is the name of your state? North Carolina

Our lawyer just sent out a letter asking for the money that my husband's previous employer owes us from his breech of the severance contract. The wording in the severance contract is without a doubt (the opinion of 3 different lawyers) worded in our favor.

Now, with that being said. There was another employee that sat in on the termination. My husband's old boss is saying that she is a witness to what that was supposed to mean. And to give you a brief history here... they are saying that they would pay his vacation, plus any accrued vacation to equal 160 hours = one months pay. What my husband was told, was his ex-boss reading this quote from the seperation agreement "Continuation of base salary and health benefits together with any unused and accrued vacation, up through and including September 30, 2004, and any standard expenses prorated through August 31, 2004." So, before signing we had our lawyer look over it... and he agreed that it was one months pay, plus vacation, plus accrued vacation.

So... they now have 30 days to respond/pay or we're probably going to just do small claims court because it is just under 4k.

The big question here is... does that witness matter at all? I would honestly think that she would be worthless because she'll agree with the employer in a heartbeat... ya know?

Just curious what ya'll think. I'm nervous about court, but I doubt they'll pay up.

-Michelle
The wording in the severance contract
That's ALL that counts.
 

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