Collecting severance pay from a company that has filed for bankruptcy

[banta134]

My jurisdiction is: California USA

i was laid off on 11/3/2008. I received a severance agreement/package on 11/7/2008. The agreement was worded as being effective 11/5/2008. I mailed the signed severance agreement back on 11/17/2008. The company filed for Chapter 11 bankruptcy protection on 11/26/2008. As of 12/2 i am being told by company represtatives that payment of any severance pay has been suspended. What legal action if any can i take to take recover the money that i had expected to receive. The company is a Glen Allen, Virginia based company and i am in CA. I read that a proof of claim can be filed in some cases but is something an individual can do on their own or would it be better to consult an attorney for help with this?

 

[Duranie]

Have you filed for unemployment? Also have you contaced your states labor board? It does not look really good that this company will pay you, they probably have a ton of creditors in line before you.

 

[banta134]

i have filed for unemployment benefits. in fact i had waited to file my claim until i had received my severance agreement so that i would be able to report the severance amount in my initial claim. It was to be a lump sum payment and according to the companies HR department they suggested i wait until i had receive the severance agreement. Haven't tried the state labor board i will look into it.