WRT the "Addendum to Offer of Employment" agreement below:Timeline:
a. Aug 2013 - "Section 1" on my original "offer of employment" states salary as $100,000.
b. Jan 2015 - The Addendum below was signed by the employer and ME.
c. Jan-May 2015 - From Jan thru May 2015, I received no salary while I continued to work.
d. Jun 2015 - My salary was restored to $100,000 from June 1, 2015, and continued through Feb 2016. HOWEVER - there is no documentation other than the June pay-stub (and future pay-stubs) acknowledging the restored salary.
e. Jul 2015 - The employer realized $0 salary is not legal in NJ, and back paid MIN WAGES
ONLY for Jan thru May. The min-wage back pay statements note "retro pay" and the pay period
(Jan thru May, 2015).
f. Mar 2016 - In March 2016, the salary again went down to minimum wage
and continues to remain at min-wage. However on this occasion, no formal communication was made, and I did not sign any other agreements.Questions:
1. Does the restoration of salary to $100K in June 2015 imply that Section 1. in the Addendum below is no longer active, and restores to the original Section 1 of the Employment Agreement which had a Salary of $100K ?
2. Or is Section 1 below still in force ?
3. Is it in fact illegal to have a salary of $0. If so, is the addendum below legally null and void ?
4. If the addendum below is null and void, can I sue for full pay ($100K rate) for the period Jan-May, 2015 ?Addendum follows...*****************************
Addendum to Offer Of Employment agreement between ...(company).. and ...(me)...Jan 2, 2015
This letter confirms our agreement that certain terms of your employment, as set forth in the offer of Employment letter dated Aug 2013 are modified effective Jan 1 2015 ("effective date"). All terms and conditions of the Employment Letter that are not expressly modified herein shall remain in full force and effect.Nothing contained herein shall modify the at-will nature of your employment. As Set forth in Section .. of your Employment Letter, your employment may be terminated by either party, with or without cause, upon notice.For due consideration, the receipt and adequacy of which is hereby acknowledged, the Employment Letter is hereby modified as follows:
1. Salary: Section 1 is modified to reduce your salary to $0.00 per annum.
2. Compensatory Units Grant: Until the earlier of the termination
of your employment or the effective date of the Company's increase of your salary, the Company shall grant you restricted Class X units, subject to the applicable terms and conditions of a Restricted Award Unit Agreement, in the following amounts in accordance with the following terms:
a) 100 Class X units each month.
b) The Compensatory Restricted Units shall be vested.AGREED TO AND ACCEPTED:By: -- (Signed by ME) ----*****************************