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This position is an exempt, full time position. Your

compensation will be $75,000 annually...
This position is an exempt, full time position. Your compensation will be $75,000 annually for the first twenty-four months. Benefits for this position are detailed below.Benefits:
Employee Medical/Dental/Optical Insurance ($50/month employee contribution).
• 10% of your annual salary paid into a pension by........ up to a lifetime household maximum of $180,000.
• 13.33 hrs/month PTO (Personal Time Off) to use for vacation or sick leave accruing bi/monthly – equal to 20 days annually.
• Severance equaling one year annual salary in the event your employment is terminated by........ any time between 9/1/16 and 8/31/19.This is a job offer I negotiated and both parties signed and have been employeed since 9/1/2016. All has been going well until I have started discussing moving onto a new company. My current employer does not want to coninute paying or cashing out our agreed retirement. ?
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Customer reply replied 5 months ago
I am in the State of Washington.This is also in the offer letter>
............ is an “at will” employer and as such, any employment with .......... is not for a fixed term or definite period and may be terminated at the will of either party, with or without cause, and without prior notice. The first 90 days of your employment are a “probationary period,” After 90 days you will be evaluated by your supervisor(s) and your performance assessed.
Answered in 3 minutes by:
8/28/2017
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 8,370
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. This appears to be a classic breach of contract based on anticipatory repudiation. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. An anticipatory repudiation is where one party expressly or impliedly states that they have no intention performing their part of the agreement. Typically the aggrieved party can wait to see if the repudiator is going to actually breach the contract or they may immediate sue for damages. In your case, if your salary was supposed to be paid into a pension, then they cannot take that away for any reason. If he says that he is, then you may be able to sue him immediately or go the informal route.

There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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Customer reply replied 5 months ago
Thanks.I negotiated a 3 year salary guarntee, as stated by the dates or time period in offer letter.I also negotiated a $180,000 retirement package that they asked to be paid at 10% annualy up to a max of $180,000. What they are saying now is that if I leave they will not coninute paying into my retirement because I've left. I told them they agreed to the $180,000 and I would expect to be cashed out. That's where we are at. They are saying no. ?

I see what you mean. Well, based on the severance part of the agreement, it appears as if they will still be paying you if you are terminated any time between now and 8/31/2019. Thus, they need to still put 10% of your salary into your pension, even if you are no longer working there. Once that commitment is fulfilled, then they must cash you out because the contract at that point is terminated.

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Customer reply replied 5 months ago
I think what they are trying to say is that if I quit. They don't have to pay the $180,000. Even though it's two seperate issues.I told them that the $180,000 has nothing to do with my employment status. Thats where the disagreement is at...

I agree. However, the contract says if you are terminated by 8/31/2019, then they will have to pay your salary. If they are paying your salary, then they will have to pay into retirement. I don't see a separate provision about what happens if you quit. Regardless, if that wasn't contemplated when making the contract, then they must cash you out if they are no longer going to be paying into it.

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 8,370
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Customer reply replied 5 months ago
Now thats what I thought. Thanks! You've been very helpful.

You bet!

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Customer reply replied 5 months ago
I'm thinking I am going to have to retain counsel becasue I am currently still employeed. But, this has been very helpful. Thanks again!

It's my pleasure. I think it was smart you got some help on this.

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Customer reply replied 5 months ago
Gives me a piece of mind. I was just going to drop it becasue they are starting to get an aggressive attitude about it. But, I knew I was in the right.
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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