Legal Question in Employment Law in New York

I am due 3 months pay upon termination due to an existing employment contract. Its only 3 months and its not much money so i don't want to have to hire a lawyer to get it and they know this. My employment contract just states i will be paid 3 months pay on termination and it also contains various wavers and confidentiality clauses, nothing about signing a separation agreement to get it. My former employer is holding back paying this two months pay until i first sign a new separation agreement. I know signing the separation agreements is discretionary on my part and is usually offered in return for a "bribe" but since the 3 months pay is legally mine i don't want to sign the separation agreement, at least not for free. How can i get them to honor the terms of my employment contract without signing a separation agreement, do i have any recourse short of hiring a lawyer? They can out spend me on the legal front that's why they are using my 3 months pay to coerce me into signing the separation agreement. Or should i just sign it, those with the big bucks usually win in the end anyway.


Asked on 7/25/10, 1:17 pm

1 Answer from Attorneys
Steve Brodsky Esq. CheapNewYorkLLC.com

You can certainly try to handle this yourself if you are confident of your negotiating skills and knowledge of the law, but I wouldn't recommend it. I suggest you talk to an attorney. Not all of us are expensive and it might be well worth the expense to get your money quickly and without hassle. An attorney may also be able to determine if they are breaking any laws by not paying you according to the contract.

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Answered on 7/26/10, 5:26 am


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