I am in New York State.
At the transition there was no change in benefits including vacation, health etc. All benefits for all staff remained the same including salary structure.
When we merged the three operations we went on the parent companies benefit plan in 2012 but salary structure and existing comp plans remained unchanged until end 2012 when new comp plans officially superseded existing plans. This is specifically noted in my formal job offer of September 2012
There was one quarter of the bonus plan due from the old company which was the 3rd quarter of 2008 and I consider that paid by the money paid to me by the previous owner during 2013 as noted above. The money remaining is from after the purchase in December of 2008 and is the responsibility of the purchasing group and current owners. In December of 2012 the entity formed in the 2008 purchase was officially merged into the parent.. I received 2-$3000 installments from the previous owner in March and May of 2013 from the previous owner.
There are 3 entities-first is the privately owned firm (IMS) that I joined in March of 2008 as General Manager, second, the new firm (IMSE) formed after the December 2008 Asset Purchase by Neopost USA and dissolved in Dec 2012 when IMSE was merged into the Corporation (NUSA)which purchased the company . The money due from the original privately owned firm (IMS)is considered paid ($ 6000 paid by the former owner between January and May of 2013). The money owed is for the period that IMSE operated 12/08-12/12.
After the December 2012 merger, I was named Director of Operations of the merged group and presented with a new Compensation Plan which noted that previous Comp plans are now ended and the new agreement is in effect from that time period..
I informed the VP/GM of NUSA's Metro District, which now includes NYC, of the outstanding amount in 2012 when signing my new comp plan. The original owner of IMS had indicated that he would pay all but now appears to be reneging on this promise (he is an Employee of the merged firm) and I want to collect the balance from NUSA. Does this help? He is willing to present this to upper Management but I would like to know whether I still have a valid claim to this money.
Many thanks-I pulled my current employment offer which reads as follows:
"this letter replaces all previous agreements you may have had with any Neopost companies including your previous agreements with IMSE Inc ".
As IMSE Inc. was wholly owned by Neopost after the purchase in 2008 I would take this as supporting your last paragraph?
You're welcome, and yes, that would be supportive of what I stated about who would be liable for the bonus payment.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).