Legal Question in Employment Law in Minnesota

my company filed bankruptcy. At the time of bankruptcy, I was in a differnt job classification than I am now, hwever, I m still with the company. At the time of bankruptcy, we voted on concessions with a "me too"clause in it, meaning that after bankrupty, those of us who voted for those concessions would get a lump sum repayment. I did not get a lump sum payment because the companys excuse was'you switced classifications and were not in that classification when the money was distributed, however, people who were NOT even with the company during bankruptcy, and who did NOT vote on those concessions were awared the payout> Is this fair? Legal? and do I have any recourse?


Asked on 1/11/11, 8:17 am

1 Answer from Attorneys

Unfortunately is difficult to determine whether you are entitled to the lump sum payment. Apparently this was a contractual relationship, and without being able to review all of the terms and conditions of the agreement it is hard to offer any advice. The contract would seem to be controlling. It does seem unusual that employees hired after the bankruptcy would receive these funds and you would not. If the company is in breach of the contract you would have legal recourse. The amount at issue and the likelihood of success would determine whether you should retain the services of an attorney and what court you should seek a judgment in (i.e. small claim, civil). Are you the only one in this position?

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Answered on 1/16/11, 9:26 am


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