What legal recourse do I have if I believe my former employer has breached a severance agreement?
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If you believe your former employer has breached a severance agreement, your first step should be to review the language of the agreement and compare it to what actually transpired. If there is indeed a breach, then you will need to determine which legal remedies are available and appropriate in your particular case. Depending on which jurisdiction governs the contract, possible remedies may include:
1) Damages – You may be able to receive monetary damages for any losses resulting from the breach. This could include lost wages or other benefits that were promised under the terms of the agreement but not provided due to a breach.
2) Injunctive relief – In some cases, an injunction can be requested requiring the breaching party to comply with their obligations under the terms of an agreement. An injunction requires an opposing party (the defendant) not do something or take certain measures; if they do not comply with it, they may face criminal sanctions such as fines or imprisonment for contempt of court.
3) Specific performance – Specific performance is another potential remedy where courts require defendants who have breached contracts fulfill their contractual obligations by providing whatever goods/services agreed upon in writing . Additionally, parties may incur punitive damages when specific performance is required as this often results in additional costs being incurred beyond those originally anticipated at time of signing contract/agreement..
4) Rescission/restitution - Finally rescission allows for either side (plaintiff and defendant) cancels out their respective rights & responsibilities so both sides can return back into positions before entering into contract while restitution seeks repayment from losing party thus restoring status quo prior entering into deal..
It is important to note that each jurisdiction has its own set of rules governing these various remedies including how much damage must occur before seeking recourse; therefore it is recommended that you consult with a licensed attorney familiar with laws applicable to your situation before taking any action against your former employer. In addition, depending on how long ago you signed your severance agreement and whether there were changes between then and now (i.e., different leadership), there might also be statutes of limitations preventing one from filing suit after certain amount time has elapsed since occurrence happened initially.. Therefore consulting qualified counsel familiar with relevant law quickly become paramount success restorative justice desired resolution ultimately sought-after outcome all involved parties desire achieve
