Expert: Charles W. Field - 8/4/2004

Question
I work for a copier company who has recently merged with another copier company.  On July 1, 2005, I was told that as of August 13, 2005 my services were no longer going to be needed and could consider that my last day of employment.  I would receive a severance package as long as I worked up and through the 13th as a loyal employee to the company.  In anticipation of being out of a job, I sought out employment and am due to start a new job as of August 23rd.  Yesterday my soon to be ex-employer told me that my last day is going to be extended through the 20th of August and possibly even longer.  I told them I have already found a new job and I am committed to start on the 23rd.  I was told I have to wait until they tell me I can go or I will not receive my severance.  Can they do this?  I am not the only employee faced with this situation.  When I was told that that my last day was the 13th, I was told verbally by the management of the company but it was not put in writing nor have I received any paperwork to sign regarding the severance package.

Any advice would be greatly appreciated.


Answer
You may have a problem since all of what you said is not in writing. However, I would not sacrifice your new job just to accomodate the employer who is letting you go. I realize that time is getting short but I would advise you ASAP to put what you have told me in writing addressed to your current employer and send it certified mail (or, if the situation lends itself to this, I would present it to the employer and ask that he sign a receipt for it), setting out that you can't work past the 20th and expect the promised severance package. Then, I would sue them if they refuse to abide by the agreement. Depending on how much money is involved, you might want to consult with a local attorney.