unpaid severance pay

[Sismillion]

My former California employer has not paid the promised severance pay of a half month's salary. The Chief Operating Officer (living lavishly in a million dollar estate) misappropriated the money allotted for the business and caused other Officers of the company to dis-associate from the COO and register with the state under a different name as part of a "group".
If the headquarters for all subsidiaries of the "group" is not located in the United States, what recourse do I have to get the severance package that was promised to me?

 

[cbg]

Severance is not mandated by law, so this could create a problem. Have you asked the CA DOL Wage and Hour whether, under state law, this creates an enforceable promise?

 

[Sismillion]

The Senior Deputy for the DOL informed me that this was enforceable and COO sent a letter to DOL expressing the company's willingness to pay. Now the problem is, who do I collect from?
Another thing I have a problem with is that if the site I worked at has vanished, yet the others for the company are doing business under "the group", will I need an attorney to sue the "headquarters"?

 

[cbg]

Unless the DOL is willing to pick up your banner, probably.

 

[tamwham2]

hi

i thought you could get sued if you said anything about the employee.

i was always told that it is best to provide verification of there job dates, verify salary and if they were elegable for rehire.

 

[cbg]

Not sure how this relates to Sis's question, but that's a question of company policy.

Many employers operate under the assumption that if they say anything negative about an employee, they'll get sued. However, if anyone has ever been SUCESSFULLY sued because they told the truth about an employee, even if the truth was negative, I have yet to hear about it. I've challenged other HR professionals to provide me with proof of such cases, rather than rumors, and no one has taken me up on it yet. Truth is a defense to any claims of slander or defamation.

There are situations where an employer could be sued if they DON"T provide accurate information. If an employee was fired for sexual harassment, for example, and a new employer called for a reference; the old employer kept quiet and the employee sexually harassed someone at the new employer, it's the old employer who'll get sued. It's called negligent referencing. (On the other hand, if the new employer failed to check references, they get sued - that's called negligent hiring.)

The practice of giving only dates of employment, salary and job title is NOT law under either Federal or state law; it is a matter of company policy only.

 

[Beth3]

tam, in addition to cbg's comments (which I agree with wholeheartedly), many States have passed "hold harmless" referencing laws which specifically eliminate liability on the employer's part for giving a truthful reference in good faith.

Such legislation was not really necessary but there was such widespread misconceptions about referencing liability, state legislatures felt the need to address this, and presumably wanted to encourage employers to share this information with one another.

 

[Sismillion]

I read other posts and replies regarding severance pay. It seems as though the severance pay is the company's compassionate way of assisting you in transition, since you no longer have a regular job/pay.
If severance pay is supposed to tide you over until you get a new job, and the employer fails to pay as agreed, can they be sued for causing financial hardships.
Thanks for the replies. I appreciate everyone's help

 

[Beth3]

I expect the answer to that is yes. That might be an ideal claim for small claims court (assuming the dollar amount is under the limit) in order to avoid the cost of an attorney and long delays in having the case heard.

 

[Sismillion]

right to sue from DFEH

I just spoke with the consultant from DFEH and was told that they could not serve my employer at their residence because it's a gated community, therefore I will be receiving a "right to sue" letter from the department.
Now, I need an attorney and can not afford one and the former employer continues to open new sites and thumb their noses at employment laws and government agencies such as DFEH.
No one know what it's like to be afraid to work or visit family for fear of being harmed while others capitalize on opportunity. This is no kind of life and makes me understand why citizens take the law into their own hands.
Can anyone recommend a lawyer that can smoke the culprits out of their "lavish gated community" and make they pay me as promised? Hopefully before I have a nervous breakdown or take matters into my own hands in the form of "street justice".