Former Employer Threatening to Sue-Is he in Breach of Contract?

[AngryBirdNJ]

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

Hi everyone,

I previously posted another thread a couple of days ago, but there have been a few updates to my story...if this needs to be moved I will gladly do so! Here it goes:

I recently resigned from my previous company due to large amounts of stress and mistreatment. I was working over 60 hours a week (which I didn't mind because I was working on a project and I do not have children or a husband so I wasn't being taken away from family), I worked all of 4th of July weekend, through my vacation (in another country) and all of Labor Day weekend. I was the sole employee working any holidays. My boss constantly screamed and cursed at me, even over things I had nothing to do with. I had spoken to him twice about it and the third time I decided to resign. I began suffering anxiety, stress, my migraines were getting worse and more frequent. I just wanted to be free of this place.

I had a contract with my employer in which there was no set amount of time I had to stay there, nothing about giving a certain amount of time for notice. During my time there I was awarded 3 bonuses: A 50 inch flatscreen tv in July, $1000 in August, and $191.25 in September (2 weeks before I resigned). My boss hired an attorney (well, it's an attorney who he has been working with on another case in which my boss is being sued by a former employer) and I am being threatened to be sued. I had to hand back company issued equipment (not a problem, handed it back today to the lawyer). The lawyer is stating that I have to give ALL of my bonuses back. I asked repeatedly for a copy of my offer letter. All requests were ignored. Today I began digging through every piece of paper I had and luckily pulled out my offer letter. In it states "If an employee resigns from XXXX within 60 days of receiving a bonus, then that most recent bonus will be deducted from their final pay." I resigned AFTER I received my final pay. Does this mean the only bonus I must return is the $191.25? That is the most recent I received.

How should I respond? They are really trying to force me to pay everything back and have the TV delivered to the office. They also refused to produce a copy of my offer letter and I think it's because they know they are wrong.

Thanks in advance!

 

[cbg]

Not having read your offer letter (why did you not take the elementary precaution of taking or keeping a copy of it when you were sent it?), we have no idea whether your employer is in breach of contract - or if there is even a contract at all. Most offer letters do not reach the level of a contract. In fact, given that it does not specify a defined period of time, there is every likelihood that it is NOT a contract.

 

[OHRoadwarrior]

Was the $1000 paid to you within 60 days of you resigning? Myself, I would send a note the agreement only says you must return the last bonus, along with a check for $191.25.

 

[AngryBirdNJ]

Not having read your offer letter (why did you not take the elementary precaution of taking or keeping a copy of it when you were sent it?), we have no idea whether your employer is in breach of contract - or if there is even a contract at all. Most offer letters do not reach the level of a contract. In fact, given that it does not specify a defined period of time, there is every likelihood that it is NOT a contract.

The lawyer who has sent me the demand letter referred to it as my offer letter. Regardless, he is insisting I pay back everything and give the television back, however the offer letter both my boss and I signed when I accepted the position states I give back the most recent bonus.

 

[AngryBirdNJ]

Was the $1000 paid to you within 60 days of you resigning? Myself, I would send a note the agreement only says you must return the last bonus, along with a check for $191.25.

It was given to me in August, however the most recent bonus I received was 2 weeks before I resigned on September 30th for the amount of $191.25. I truly believe they were withholding a copy of the original letter (which I had misplaced in a move to a new home) because I would find this clause.

 

[cbg]

The only advice I have for you is to consult your own lawyer - one who can read the associated documentation.

 

[Free_Advice]

Was the $1000 paid to you within 60 days of you resigning? Myself, I would send a note the agreement only says you must return the last bonus, along with a check for $191.25.

I would agree .. pay it with a method that your get a receipt .. like a check

 

[AngryBirdNJ]

I would agree .. pay it with a method that your get a receipt .. like a check

That's exactly what I did. I wrote a letter and had a friend who is in law school take a look at it. He said it was good to go so I attached a copy of the page including the bonus clause and a check for $191.25. We'll see how that goes. I sent it FedEx, direct signature required.