Severance pay was not paid

The law does not require the employer to pay any severance unless the employer has a severance pay plan. Severance pay is a contractual issue. To make an enforceable contract the employee who is promised severance pay must have given something up to the employer in return for the promise to pay severance. It doesn't matter what the value of the thing or right that the employee gave up. The question is whether you gave up anything in return for the severance pay. If you promised not to file charges or a lawsuit against the company, for example, your promise not to file is adequate "consideration" which you are giving to the employer to warrant enforcement of the promise  to pay severance pay to you. If you did make such a promise and they didn't pay you severance, then you don't have to give up the right to file a charge or a suit. The important thing here is to make sure you don't wait too long to bring the charge or suit. Claims of unlawful employment discrimination have ber short limitations periods. The claimant usually has to briong a charge to the EEOC claiming that the employer discriminated no later than 180 days after the discriminatory act happened. If what you agreed to give up in return for the severance is a right to sue the employer for unlawful discrimination, you should not wait beyond 175 days after the discriminatory action before filing charges with the EEOC. If you gave upn such a right you can sue the employer for the severance pay for up to 6 years (if the promise was made in writing) or up to 4 years (if the promise was an oral contract).   Michael A. Caldwell 404-979-3154