Answer

Dave,

I answered this question in your prior post, but you may not ahve been able to view it. I have gone ahead and cut and pasted my response. If you have any further questions or you need any further clarificaiton, please let me know:




Since you are modifying the current agreement with the company, the company must offer added consideration to the modification of the agreement (in other words, those incentives that you were describing that have not yet materialized). Without those incentives, the modification is invalid. Additionally, since deferrals are tpyically quasi-legal at best, you do NOT have to sign the agreement.

If you choose to not sign, the compamy must continue paying you as originally contracted. Should they choose to terminate you over your non-compliance with the signing of the new terms, they will be forced to pay you severance since the termination was legally without cause. In addition, if that occurs, you may even have grounds for a suit based on wrongful termination.

Good luck to you.

Sincerely,

XXXXXXX XXXXXXXXX XXXXXX, Esq.

Expert:	Dimitry Alexander Kaplun
Pos. Feedback:	99.0 %
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Answered:	9/4/2009

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