Legal Question in Employment Law in New York

During the course of our employment my wife and I were gifted a car by our employer. Title in our names, etc. We have multiple e-mails from him stating that the car is ours. We have recently resigned and he is demanding the title be signed over to him. He is withholding our final paychecks and aprox. $3800.00 in reimbursement monies due us until we comply. What course of action should we pursue? Is the car legally ours, and can he legally withhold monies owed us? Please advise. If we do need the services of an attorney, we will contact the respondent directly. Thank you


Asked on 9/04/09, 11:53 am

1 Answer from Attorneys
Randall Brett Law Office of Randall P. Brett

It is difficult to answer your question completely, based on the limited information you provided. However, in general a gift does not have to be returned. The problem is determining what is a gift versus what was given in expectation of performance of an agreement (which is returnable). You should have an attorney review all of the documents you have, especially the emails. You also mention that your employer is withholding your final paychecks. Under New York law, he has a finite amount of time to pay you your wages. Again, an attorney can advise you on the best way to handle this situation.

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Answered on 9/09/09, 12:59 pm


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