Austin, TX asked in Employment Law for Texas

Q: I need help with getting my severance pay that was written into the contract and the employer is now refusing to pay

I'm not getting my severance pay as promised in the contract with me. I also believe that I was misclassified as a contract employee when I should have been classified as an employee. I'm trying to do this myself, but after spending hours waiting and talking to the IRS as well as the TWC, I have gotten nowhere. Please, I really need help.

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1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: A key question is how much severance pay is at issue? A competent experienced employment lawyer typically charges $350-600 / hour. A suit for breach of contract to recover severance pay likely will take 12-24 months if the other party refuses to settle. Hopefully, the other party has no n-exempt assets available to satisfy any judgment.

It is unlikely that you will receive sufficient guidance to do such a lawsuit on your own in a Q&A forum like this. If you want to retain a lawyer, you will need to go to their profile and contact one for an initial consultation. While some employment lawyers provide a free initial consultation, most charge a consultation fee which most likely will be $1,000 or less.

In my experience, talking to the IRS won't help your case. It may--but most likely won't--provoke the IRS into pursuing action against the other party , thereby depriving it of available funds to pay you.

The TWC is very effective at processing wage & hour claims, including severance pay specifically set forth in a contract or policy. It's obviously less expensive and faster than a lawsuit if you have a valid claim.

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