• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Can I sue my former employer

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.



New York State
I was laid off along with many others on 5/22/02. The company filed for Chapter 11 on May 20, 2002. They promised us a severence pay of 4 weeks along with any accrued Paid Time Off (PTO) days. I have been in contact with them each and every week. To this date we have not been paid the Severence Pay. Two committees of the company already approved the Severence Package. Now on Aug 29, 2002, the bankruptcy court is to decide if they will approve it or not. My question is this. Since filing for bankruptcy, someone had a great idea to offer the employees who still work there a Retention Package. They want to pay the current employees a percentage of their salaries, i.e. 6 - 10% to stay there at the job. I am financially broke. I am on unemployment and am about to loose my apartment. My phone is about to be turned off, and I am 2 months behind in all of my bills. My rent is so high that I cannot pay all of my bills. I am depressed, I cry every week...since I have not found a job het. I have applied with agencies and am actively seeking work. I am devistated that the company has the nerve to have the money to put out to pay all of the existing employees and cannot pay me my severence pay. I won't know the outcome until sometime in September 2002. If the plan is not approved by the courts, can I sue them or possibly begin a class action suit against the company with other employees who were laid off when I was, if I can find some of them.
Last edited:


Senior Member
If you sue, your case will be dismissed. The chapter 11 bankruptcy prevent anyone from taking legal action against the company for any monies owed. Plus, they cannot pay out anything without the bankruptcy courts approval. Past due employee wages are at the bottom of the list of things that will be paid. There is a very good chance you may never see any money at all.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential