Legal Question in Employment Law in New York

can a company deny benefits included in the job offer?

1. When I was hired, I received--name removed--written job offer that included 401(k) with company contribution and--name removed--''year-end bonus''.

After I started working for the company I was told that the 401(k) benefit will start after 6 months; before the 6 months, the 401(k) plan was terminated and--name removed--new plan was established for employees with at least 2 years with the company. I was not given any compensation.

When I asked about the ''year-end bonus'' I was told that that this was meant for some additional work I was supposed to do but which the company did not need me to perform anymore (although there was nothing like this mentioned like this in the written job offer I received).

Can the company deny these two benefits without giving any compensation?

I am an ''exempt'' and with ''employment at will'' employee.

2. Is it legal for--name removed--company to require an ''exempt'' employee to work more than 5 days per weeks and up to 16 hours per day?

Thank you so much for your help.


Asked on 2/27/06, 10:09 pm

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: can a company deny benefits included in the job offer?

Why are you exempt? If you are a manager, and highly compensated, you can work whatever hours are needed; but they can't actually require it of you unless you agreed to it in the contract, or they pay you overtime. Who says you are "exempt" under the FLSA?

Regarding the pension plan, it is relatively standard for these benfits to accrue after you work for a year; then the company matches your contribution. If the plan was totally terminated, that may be an ERISA violation, but if your benefits had not yet accrued, I am not sure you can really do anything about it. I don't believe it is a violation to switch plans.

As to the bonus I don't know enough.

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Answered on 2/28/06, 4:51 pm


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