Legal Question in Employment Law in California

Arbitration Settlement Agreement Interpretation
I sued my employer several years ago and settled out of court through non-binding arbitration. I plan to retire in a few years and am concerned that my employer will opt not to pay me an early retirement bonus equal to one year salary. All other retirees have received this benefit, but there is a clause in my agreement which indicates I am not eligible for pay increases and they have held firmly to it, not granting even a cost of living increase. I fear that they may try to claim that the retirement benefit is actually a ''pay increase'' and deny me this benefit. There is no stipulation in my agreement regarding this benefit and there also is no public written statement regarding its payment. My hand written agreement at arbitration states that I will retire with ''full employment benefits'', but there is no reference to any retirement benefit in the final agreement. I also have an email message from Human Resources responding to questions about how this benefit may be taken (lump sum, etc.). I do not want to directly raise this question with my employer for fear of giving them ideas. What do you recommend? Thanks.

Asked on 7/31/01, 12:27 pm

Ken Koury Kenneth P. Koury, Esq.

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Re: Arbitration Settlement Agreement Interpretation

the fact they responded to the email seems to indicate they will pay it. just keep your head down and apply when the time comes.

Answered on 8/24/01, 12:27 pm

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