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Quit or terminated? (Employment & Labor Law)

Fri, 30 Jan 2004 09:09:00 GMT

What is the name of your state? TX
On 7/31/03 my employer stopped paying me and several other managers. I tried for about 5 weeks to get paid and then got an email from someone on the board of directors (on behalf of the president) stating that we could either quit or work for free. Neither of those options were acceptable to me so I filed a claim with the Texas Workforce Commission. I've won the back wages. The only remaining issue is 3 mos. severance that was provided for in my employment contract. The employer states they don't owe it becuase I quit. I say they owe it because they breached my employment contract by not paying me and I further believed the email stating I could work for free was termination of my job. I told the employer in writing that I refused to quit and I refused to work for free.
I'd like to know if the law supports the employer's claim that I quit when I had not been paid for more than a month?

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  • Fri, 30 Jan 2004 09:18:00 GMT(1)
  • Thank you. Will do.
  • Fri, 30 Jan 2004 09:25:00 GMT(2)
  • Thank you. Will do.
  • Fri, 30 Jan 2004 09:11:00 GMT(3)
  • You are going to have to have a local employment attorney review your employment contract (something we can't do here) for a valid opinion.
    Basically, if your contract stipulates that a severance is to be paide and DOES NOT specifiy under what exact conditions, then I would surmise that you may have a case.
    HOWEVER, please have the contract reviewed by a local Employment attorney .
  • Leave a Comment Now.

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