I was dismissed by my employer, and signed a Separation and Release Agreement which states:
...the EMPLOYER agrees to: a. pay to EMPLOYEE the gross amount of $ minus all applicable taxes and withholdings...in four (4) monthly installments in the gross amount of $ minus all applicable taxes and withholding payable on the last day of each month by check commencing on July 31, 2007...The check(s) shall be mailed to the EMPLOYEE'S last known home address...
As of August 3 (Friday) I have not yet received the first payment, and I have cause to believe that it has NOT been mailed.
If I do not receive the check by Monday, August 6 - what would be the appropriate course of action? It would seem appropriate to notify the EMPLOYER'S General Counsel, but he has not previously addressed any concerns efficiently or effectively. Mail service could be slow, but I am within a 15-mile radius of the EMPLOYER.
Question(s):
a. What leverage may use to enforce the agreed schedule of payments if in fact payment was not made as specified? The Separation Agreement specifies no consequences for breach by the EMPLOYER.
b. If the EMPLOYER is uncooperative, and the check is not delivered within - let's say - two weeks after July 31, would it be appropriate to file in small claims court? Could the court assess penalties against the EMPLOYER?
c. Are there other options?
Thank you for your advice in advance. I hope I have provided adequate information.
...the EMPLOYER agrees to: a. pay to EMPLOYEE the gross amount of $ minus all applicable taxes and withholdings...in four (4) monthly installments in the gross amount of $ minus all applicable taxes and withholding payable on the last day of each month by check commencing on July 31, 2007...The check(s) shall be mailed to the EMPLOYEE'S last known home address...
As of August 3 (Friday) I have not yet received the first payment, and I have cause to believe that it has NOT been mailed.
If I do not receive the check by Monday, August 6 - what would be the appropriate course of action? It would seem appropriate to notify the EMPLOYER'S General Counsel, but he has not previously addressed any concerns efficiently or effectively. Mail service could be slow, but I am within a 15-mile radius of the EMPLOYER.
Question(s):
a. What leverage may use to enforce the agreed schedule of payments if in fact payment was not made as specified? The Separation Agreement specifies no consequences for breach by the EMPLOYER.
b. If the EMPLOYER is uncooperative, and the check is not delivered within - let's say - two weeks after July 31, would it be appropriate to file in small claims court? Could the court assess penalties against the EMPLOYER?
c. Are there other options?
Thank you for your advice in advance. I hope I have provided adequate information.
