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job contract and severence clause

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#1 RakeshChoudhary54321


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Posted 06 December 2012 - 05:43 PM

at time of my severenve my employer does not want to pay me for my accrued vacation time , though the accrued vacation time is more than allowed by HR manual but historical the organization had paid money for all accrued vacation of all employees , even when it was more than HR manual prescribed limits . what is the recourse i should take .

#2 RakeshChoudhary54321


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Posted 06 December 2012 - 07:02 PM

i was employed by my organization in 2008 , i was given a 2 year contract with a 6 month severence clause . at the end of 2 years i was told that my employment will continue under the same condition, but i do not have any exsisting paper contracy . Recently, i am facing severence my understanding is my contractual clause of 6 month severnce holds good, but i am not sure what is the legal position in it .

when my board chair told me my job will continue with same codition i did as the laweyer deputed by my general counsel from his firm, and i was told that in usual condition all the same terms of job continues . the advice was given to me in written.... so what is my legal position about severnece claim

#3 Guest_FindLaw_Amir_*

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Posted 13 December 2012 - 02:47 PM

What would you like done about this matter?

#4 Fallen


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Posted 13 December 2012 - 03:27 PM

Well, we cannot know the answer from here about whether they owe you severance, because we cannot see this contract to which you refer. Unless you have a new contract renewing under same terms for a period ending two years hence, it sounds like all they don't have to worry about what the now-expired contract said.

I'm afraid you can't expect strangers to know from here what your "legal position on it" might be. It sounds like you need to talk with a local attorney who can review the details with you.

As for vacation, what recourse you take depends on whether your state requires the employer to pay out accrued vacation time or whether law is neutral but leaves it up to employer policy; if either, you're free to sue for it.

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)

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