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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41220
Experience:  I provide employment and discrimination law advice in my own practice.
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Years ago in Sep 2010 the company I was working me an

Customer Question

Years ago in Sep 2010 the company I was working for gave me an incentive bonus in the form of units of company equity (The company is privately held). I left the company in July 2012 which voided the incentive bonus because of my leaving. However I rejoined the same company in Feb of 2015 as a part time employee since I was in good standing with the company and left on good terms.. The company is still under the old management. Now after I am back in, would I be covered under the original contract I was given to receive the incentive bonus since it had no expiration and was open ended. There are others who hold similar documents.. but they did not leave and come back.. I am presently a part time employee and I was the very first employee when this company started.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

To answer directly, you would NOT be covered under the original contract. Once you left the contract was voided, so unless the contract has express language about you rejoining the entity and being reinstated, or if the employer formally reinstates the contract by choice, this past agreement is no longer binding as you were re-hired under different terms and conditions. Please check the language in the contract but if it is silent on you rejoining the entity, then the contract won't automatically cover you again because this agreement was fully voided out when you left the first time out.

Sincerely,

Dimitry, Esq.

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