Former employer refuses to pay part of transition compensation.


Questioner

My employer laid off the entire department and as part of the settlement agreement they offered an outplacement budget that can be used for training and if it is not used they will pay out the net equivalent. The original notice date was 30th November and I found a job earlier, starting 1st November. The agreement I signed confirms that the 'alternative termination date' (in the event you find a job before your employment ends) is the same as the 'termination date' for all rights etc. Before signing the agreement I asked the company to confirm that I am still entitled to all payments and they said that I would be. It is not specifically stated in the agreement that I would lose some of the payments if I find a new job earlier. Now they refuse to pay out the outplacement budget, citing some 'internal discussions' where they decided that only people who could not find a job before the end date would get this payment. I have all the proof in emails and agreement signed by me and the company. All other colleagues have already received this payment because they stayed with the company until the last possible date. Can I file a lawsuit about this?

Lawyer

In general, an agreement is binding. It follows that both parties are obliged to comply with the terms agreed upon in the agreement. Since your ex-employer is violating the terms as you describe them to us, this could be considered a breach of the agreement. One point to note is that you asked for specific confirmation that you would continue to receive the payments due if you found a new job. You could argue that because this was not explicitly stated in the agreement, they could still waive it. Regarding the 'internal discussions', it is important to note that the agreement you signed apparently states that an 'alternative termination date' is equivalent to the 'termination date' for all rights, and that the outplacement payment is also a right. All things considered, it can certainly be helpful to have your case reviewed by a legal professional. It is important to remember that while this certainly offers opportunities, there are always risks associated with taking legal action, including the financial risks of litigation costs. So make sure you are well informed before taking this step.'-------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.

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