I was recently fired from my job at six months pregnant. My employer promised me a severence package.?

[denys]

I was supposed to recieve two more checks from this employer and I have an email from him stating he would do so. During this time I started my unemployment claim so that when my severence ran out I would be able to collect my unemployment. Now he saying because I filed for unemployment that he will not pay my full severence (he had already made the first payment of two). He claimed he would not protest my unemployment either but he already has. My question is can I take him to small claims court for the rest of severence since I have the email stating he would pay me?

[matchitisiw]

Can you take him to small claims court? Absolutely. You can sue anyone for just about anything.

I'm assuming you are asking if you would win in court? Maybe, but don't count on it.

I'm assuming that you don't have an employment contract that gives you a severance package if you are fired, correct? If this is the case, you have a big problem. Your former employer is not contractually obligated to give you money you haven't earned - this means that any severance money is a gift. People are allowed to change their mind about giving a future gift. Even if you have it in writing, he still has the right to change his mind. Presumably this is not a contract. (For it to be a valid contract, you would have had to give him something as part of a bargained-for exchange. A gift is not a contract and is not enforceable in court except under very limited circumstances . . . none of which are present in what you have described.)

In addition to having the "gift" concept as a defense, he could also argue that the severance pay was in exchange for your agreement not to file for unemployment. If that will be his argument, he could actually counterclaim against you for the payment he already made to you. So, in addition to losing your lawsuit against him you could potentially have to return the severance money you've already received.

[hjortur]

Things look fairly optimistic in this situation since you do have something in writing. Also, did your firing have anything to do with your pregnancy? If it didn't, than that fact is irrelevant. But if you think it is, you should know that there are a number of laws protecting against that type of discrimination. This article talks about the specifics regarding employer discrimination: http://www.thevaughnlawfirm.com/articles/laws-protecting-against-discrimination/ But either way, you should look into it and DON'T delete the e-mail! :p

[alburt]

If he give you something in writing yes, if not your going to have a hard time trying to prove this. Look if you got unemployment and some severence then just thank God and move on. Just keep in mind that some day you will be looking for another job, and they will call in most cases your X employees. I would like it if they said something good on my part and not something that could stoop me from getting the best job, in the world. Just move on and let it be..... A friend 8)