Never Received Salary Promised/Company Sold

I went to work for a new small business company in NYS as Director of Technical Services.I was promised that the first 3 months that I would receive my monthly pay equivalent as stock in the company and was put on regular pay on month #4. I was promised a paycheck starting 15th of month #4 but the main investors held up money. The beginning of the 5th month I was put on company sponsored health insurance but only was given another promise for a paycheck on the 15th of the 5th month. The company sold the assests of the plant to a larger company at a substantial profit and promised to make me whole on wages. I continued to have health insurance coverage thru the 6th month and collected unemployment against this company for June and July. I have repeatedly requested my wages and my stock share. I have been told I will receive half my wages if I sign a Severance agreement first if I fail to sign I will get nothing. What are my options? I have supporting documentation of an employment contract and a letter from the company attorney stating I was a full time employee. I also have copies of all the daily sign-in sheets(Jan-May)that were required to gain entry to the facility. The company letter of incorporation and several letters from the vice-president and co-founder supporting all claims.The company that purchased the assets hired me full time to coordinate the start-up of the equipment purchased.

1 answer  |  asked Oct 8, 2004 7:07 PM [EST]  |  applies to New York

Answers (1)

David M. Lira
It's a Contract

If you can prove that the employer agreed to pay you a certain amount, that is a contract, and you can sue on the contract.

Further, the payment of wages is protected under New York State law. There is even an argument for saying that yor signing a severance agreement for half of the wages would not prevent you from later suing the other half, because there is some support in the law that you cannot waive you right to the payment of wages.

posted by David M. Lira  |  Oct 9, 2004 10:05 AM [EST]

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