Legal Question in Employment Law in New York

Employer refuses to pay bonus/illegal e'ee classification

Employer(former) wants me to sign a separation agreement indemnifying them before they will release my bonus from last year. This is a LARGE chunk of money that was earned and owing a month before I was laid off. They are trying to categorize this as part of the separation monies.

Employer illegally classified me as a contract worker so he wouldn't have to pay payroll taxes.

Also trying to disavow a large pay raise that was supposed to be retroactive six months. This contract is oral. The company acknowledges it, but has attached other conditions to it after the fact.

The separation pay that is the only part of this that hasn't already been earned is a month's salary. It is slightly less than the backpay that I could potentially be throwing away. But I'm not sneezing at any cash right now.

If I sign the sep agreement, I am saying that I agree that the sep payments satisfy all my claims against them, which is obviously not true.

I would like advice on how to proceed in New York State. Thank you for your time.


Asked on 2/23/06, 9:24 am

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Employer refuses to pay bonus/illegal e'ee classification

It's not clear if the separation pay is separation from the job, your ex-non-married partner or ex-spouse. If it is designed as part of a marital separation, don't sign anything and speak to a divorce lawyer. Otherwise speak to an employment lawyer about the specifics of your claim.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

Read more
Answered on 2/23/06, 10:43 am


Related Questions & Answers

More Labor and Employment Law questions and answers in New York