Refusal to pay terms of employment contract

What is the name of your state (only U.S. law)? New York

I am due 3 months pay upon termination due to an existing employment contract with my employer. Its only 3 months and its not much money so i don't want to have to hire a lawyer to get it and they know this. My employment contract just states i will be paid 3 months pay on termination and it also contains various wavers and confidentiality clauses, nothing about signing a separation agreement to get it. My former employer is holding back paying this three months pay until i first sign a new separation agreement. I know signing the separation agreements is discretionary on my part and is usually offered in return for a "bribe" but since the 3 months pay is legally mine i don't want to sign the separation agreement, at least not for free. How can i get them to honor the terms of my employment contract without signing a separation agreement, do i have any recourse short of hiring a lawyer? They can out spend me on the legal front that's why they are using my 3 months pay to coerce me into signing the separation agreement. Or should i just sign it, those with the big bucks usually win in the end anyway.What is the name of your state (only U.S. law)?

Thanks
Ray

Why don't you want to sign the sep agreement?

Because its a legally binding contract and i have no reason to sign it. I don't know if I'm being unreasonable but not paying me monies due me via another contract is not exactly good faith. If i sign this new contract it negates my old one and if they are willing hold my pay hostage with the old contract whats to say they will pay it after i sign away all legal claims and certify I've been paid in full.

ramus said:

Because its a legally binding contract and i have no reason to sign it. I don't know if I'm being unreasonable but not paying me monies due me via another contract is not exactly good faith. If i sign this new contract it negates my old one and if they are willing hold my pay hostage with the old contract whats to say they will pay it after i sign away all legal claims and certify I've been paid in full.

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A new contract does not negate an old one unless it specifically states so. Also, the agreement should be clear that the terms are effective upon receipt of final payment.

I really think you're probably a bit out of line, but feel free to have the new agreement reviewed by an attorney to see if it's safe to sign.

What "legal claims" do you think you might have?

If there is something specific about the new contract that makes you uncomfortable, what is it? What are you concerned about giving up in the new agreement?

If it's just the principle of signing the new agreement, get over it. Sign it, grab your check, and move on.

I just always figured the terms in an employment was legally binding and all parties had to follow it. If they are not living up to the promises in the first contract i figured they were out of line and not me.