There are damages only if there is a contractual obligation for the employer to pay severance pay. Severance pay means that the employer is going to pay a certain amount of money at the end of the employment relationship. Some employees have written agreements ahead of time, where there has been a promise by the employer to pay severance once the employment terminates. In those situations the employee has a breach of contract claim for the amount of severance pay, and a claim for attorney’s fees and costs in trying to recover that money. Typically though employees do not have a right to severance pay unless there is a written agreement requiring the employer to pay severance pay.