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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17269
Experience:  Licensed Attorney with 28 yrs. exp in Employment Law
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Im a Nurse Practioner. I gave notice last year for poor working

Customer Question

I'm a Nurse Practioner. I gave notice last year for poor working conditions, and my Doctor (boss) countered with a 3 year contract and $100K income ($15K increase). The contract requires mutual 90 day notice should I want to quit, and 90 days should I be asked to leave. When my boss began enforcing "verbal, not written amendments" to my contract reducing my pay well below $100K, I gave 90 notice on 6-16. When attempting to provide written notice 2 days later, I was simply fired with no mention of satisfying our 90 day pay terms, and our 401K plan administrator says I have completed all forms necessary to disperse my 401K proceeds, but my ex-boss forbids it until she "thinks it over". I'll go broke by then, what's my best course of action?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the information and your question. As to the termination without notice and the reduction in your wages, if those actions violate the contract, then you can file suit for breach of contract. Your damages would be the difference in the amount you were paid and what you were owed under the contract.

As for the 401K, if the plan had specific distribution rules and the employer is not following them, then you can file a complaint with the Employee Benefit Security Administration of the U.S. Department of Labor,the agency that enforces ERISA which is the law that governs employer benefits like 401K plan, or you can file suit under ERISA when you file your breach of contract suit.

You will want to speak to a local employment law firm who handles both regular employment law issues and also ERISA cases.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17269
Experience: Licensed Attorney with 28 yrs. exp in Employment Law
Marsha411JD and 7 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you Marsha. I was hopeful there was one or several laws, or cases to site within general Indiana employment law or ERISA guidelines; just enough to nake the other party recognize, they cannot do as they please, just for the fun of it. Looks like I'll need time, money and an attorney to get what I've earned, deserve and have been contracted for. I do appreciate your confirmation - thanks! Should we prove breach, can legal expense be added to an award?

Expert:  Marsha411JD replied 1 year ago.
Hello again Stacie and I apologize for the delay in getting back to you, but I was in a meeting. Yes, if the court finds in your favor for breach of contract, you can ask the court to award you costs and reasonable attorney's fees.

You might want to read the guidance on ERISA and pension plans by going to: http://www.dol.gov/ebsa/faqs/faq_compliance_pension.html

You could file a wage claim with the State of Indiana for the unpaid wages, but there is a fairly good chance that because of the amount and the contract, they may advise you that you will need to file suit as I mentioned. You can read more about wage claims in Indiana by going to: http://www.in.gov/dol/2671.htm

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