Legal Question in Employment Law in New York

Employer not honoring terms of employment offer

Basically, amongst the benefits that I was promised before I was hired (and this is on the offer letter), was a 401(k) match. This reflects almost $5,000 in compensation for me yearly. When I got there I found out that it's only valid for certain employees and the parent company will not allow it for my employee class. As I stated before, this was on the offer letter as a benefit. It was acknowledged as a ''mistake'' by their HR people but the most they are willing to do about it is give me an after-tax bonus at the end of the year (no help for my 401k) and they won't put the exact amount in writing.

Because of this and other factors, it's no longer advantageous for me to be working for this company financially - they misled me as to my compensation. I'm considering leaving but I get my signing bonus once I've been there 30 days. I get this bonus through the recruiter that found me.

My question is can the recruiter come back after me? He gets the finders fee from the company and the only agreement that I had with him is that I'd stay there 30 days - nothing else, and even that's not in writing (it's vaguley in an email).I'm guessing the company might come back after him so I have to imagine he might try to get it from me.


Asked on 3/06/05, 8:36 am

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: Employer not honoring terms of employment offer

I think your case is very fact sensitive. To get the 30 day signing bonus how many more days do you have to work? How much is it? What exactly did you agree to do with the recruiter?

If the offer from the employer was a mistake, you can probably get out of the position, but the language used during the hiring process is important. You need a lawyer to review these issues and others and you need to decide what is in your best interests. I offer free consultations.

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Answered on 3/06/05, 8:44 am


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