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My termination date was August 1, 2022. It is now the 22 of October and I still have not received my ESA minimum payout. The company and I are working on a severance package that we can both agree on. They are saying that the ESA minimums will be part of the severance package. Don't they have to payout the ESA
amounts even before we agree on a package? Is this a breach and what can i do?

You should have at least been paid your ESA minimums within 7 days or the next payroll date following your termination. This is to be paid to you regardless of the other terms of the severance package. I would strongly recommend you contact our firm to determine what would be considered a reasonable severance package and discuss legal recourse against your former employer.
Lior Samfiru
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