Can my employer take me to court?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can my employer take me to court?

I am owed a 2 week severance because my employer did not give me written notice only verbal notice. I am the only person who works here and I write the cheques. My boss does not want to pay me my owed severance. Can I write my own severance cheque and if I do can he try to take me to civil court over it?

Asked on December 30, 2016 under Employment Labor Law, Alaska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes--you could be sued AND have charges pressed against you, for theft. You have no legal right to simply write a check to yourself from your company without your employer's approval--period and end of sentence. Doing so is stealing.
Bear in mind that you more generally have no *right* to severance unless you had a written contract guarantying you it. In the absence of a contract, your employer could choose to not pay you any severance at all; the law does not require severance, though it may be customary in many cases. Even if you do have a contract, you may not simply write a check to yourself--to get the money if your employer won't honor the contract, you would sue your employer for the money, for breach of contract. If the amount is less than the limit for small claims court, suing in small claims, as your own attorney ("pro se") is a very good option.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption