Can my employer take me to court?

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 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.


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