Employment Law Questions? Ask an Employment Lawyer.
I know this must be difficult at this time of the year. First, did you received a Performance Review in January, 2015 as stated in your agreement? Whether you have a review or not has nothing to do with whether you are paid what is owed to you. It appears your payment is contingent on your performance which was not evaluated. Now one question are you a contract worker? If you are a contractor my answer would be different.However if you are an employee and was given an employment agreement then you can pursue your employer for breach of the contract. Also how were you paid exempt or non exempt? This also would have an impact on what you can do? It appears you will have several options but I need more information.....please answer my questions..... thank you. I look forward to giving you a full answer.
COBRA is federal law which requires all employers who have 20 or more employees and have health plans to offer continuation of health benefits with same coverage.It will depend what is in the employment agreement if you can pursuant for breach of contract. If they failed to give you a performance review and you do not have any negative performance in your file you still can request full payment that is owed to you under the agreement, however I have not seen the agreement that may have a waiver. If so, this may prevent you from any action. I would formally request in writing for all benefits owed to you. if not granted then file with your state agency, however based upon your contract you most likely with have to file a legal action for breach of contract, still again I have not seen the contract. I think you may have a sound case if all the facts are correct and again I have not seen the contract. If they do not have money it may take them a while given if they are not able to make payroll. I hope this has helped.......best wishes!!
I think it is important for you to know your next step to help you with your termination.Because you are under an employment agreement it has been spelled out clearly in the agreement.The agreement spells out that you should receive the $ 5000.00 added to your base pay. They failed to give your performance review but also added a contingency clause, "provided that the quality of your work meets expectation" in the agreement.Since you do not have a review you do not have anything to document your performance.
The agreement notifies you that they may cancel or modify your benefits including medical benefits,thereby if they do not have medical insurance now as you leave you would not be eligible for COBRA.But if you have benefits at the time of your termination then you would be eligible for COBRA. You would be eligible for all vacation as it relates to your company policy.Your incentive should be payable if the second project met the employer's expectations. I would clearly think you would be successful in a legal claim against your employer. If your benefits and wages are not paid I would recommend that you write a demand letter to employer, if not successful then file a civil action. The contract does not have a contractual arbitration clause therefore you can go directly with a civil action.I hope this has helped and I wish you the best...... you may receive additional information from the local Labor Dept(state and federal) but you are exempt an employee,but you may see if this is a larger issues with non exempt employees. Good Luck... Faye Lee
You would be able to use his testimony in a claim against your employer.
If you found my answers helpful would you please rate, I appreciate you allowing me to work with you and I wish you the best payment for the value. Thank you. Faye Lee