Severance pay is a claim against the insolvent estate – not an insolvency claim – if a pre-opening-of-insolvency-proceedings dismissal is ruled unfair post hoc

Notwithstanding a dismissal occurring before the opening of insolvency proceedings, if a court finding of unfairness and an employer decision to make a severance payment occur after, the dismissed employee’s claim must be deemed against the insolvent estate, even if the parties had reached a settlement, if such was reached also after.

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