Honest opinions wanted on money owed by previous employer...

[eponine365]

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

We have a lawyer who says we have a good chance here, and a letter was sent to my husband's previous employer today. However, I'm starting to think beyond this letter... how far do we want to go? I don't want to have tons of legal fees for a maybe. So, I thought it would be good to get some feedback from people online.

The short version is that when my husband was laid off he had the lawyer look over these termination forms before signing them... the lawyer and my husband agreed on everything so he signed. Later, we find out that his previous employer did not have a lawyer draft these papers, he did them himself, and did a poor job at that. My husband was promised as severance one months pay, and his vacation. The quote from the paper signed is "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 31st, 2004."

The way that read, and he explained it to my husband was one months pay, plus vacation. After the papers were signed it changed to his vacation time, plus 30 hours to equal 160 hours (one months pay).

So, basically here we're looking at suing his previous employer for his vacation time.

Our lawyer told us that the document was definatly up for interpretation, and when it is, the judge normally sides with the employee. I'm just nervous.

Also... I have emails of my husband's old boss (the owner) threatening to stop all payments if my husband did not remove his portfolio off his website (his ability to show potential employers his work!) no huge deal though, my husband complied. But isn't that against the law to threaten someone with pay???

Thanks,
M

 

[Beth3]

The short version is that when my husband was laid off he had the lawyer look over these termination forms before signing them... the lawyer and my husband agreed on everything so he signed. Was this your husband's own lawyer who looked over the documents? I'm not understanding why your own lawyer didn't recongize the wording was ambiguous. That's what he was getting paid to do.

The question is whether the attorney's fees and court costs to pursue this exceed the net amount your husband is owed. If so, then "winning" will only put you further in the hole.

I have emails of my husband's old boss (the owner) threatening to stop all payments if my husband did not remove his portfolio off his website (his ability to show potential employers his work!) no huge deal though, my husband complied. But isn't that against the law to threaten someone with pay??? No. It could be a breech of the severance agreement but it's not illegal.

 

[eponine365]

Thanks for the response...

What happened between my husband and our lawyer is that they both looked at it, and agreed that everything my husband was told in this meeting was in the document, and it looked fine and ok to sign.

Either my husband's old employer is an idiot or a snake because he's now saying the opposite. He was told in the meeting "We'll pay you a months salary, plus your vacation, and any accrued vacation." Well, thats what he was told, and that is what was in the agreement.

So, two weeks later we get this severance payment breakdown that only shows his vacation time plus 30 hours. Now this guy is saying oh oh I never said that. I said salary, plus vacation, plus accrued vacation to equal one months pay. Well... thats not what you said in the meeting, and thats not what it says on paper!

As for the legal fees... as of right now its free because of our prepaid legal. If it goes any further then we're going to have to start paying, but still at a discounted rate. Hopefully they'll see that its not financially worth it (3900.00) for them. If we honestly feel solid that we have a case then we'll be suing for the 3900.00 plus any accrued legal fees if that is at all possible.


BLAH! I hate this mess! haha.

-M

 

[Beth3]

For that amount of money, you could almost certainly file suit in small claims court and avoid most of the cost. You likely wouldn't even need an attorney.

I realize it's easy for me to second guess your attorney but his/her job was to ensure that the terms of the agreement were not ambiguous and that there could be no misinterpretation or reinterpretation of what your husband was due.

 

[eponine365]

Thanks Beth,

I have been seriously considering small claims court on this issue. My husband has been so busy with the new job I've been put in charge of this mess. He told me just tell him where to be and what to sign haha.

-M

 

[Beth3]

Call the Clerk of Court's office in your county and get some info on filing in small claims court. Going this route will definitely save you a lot of expense and probably headache as well.