Legal Question in Employment Law in Pennsylvania
signing a ''gag'' order
The new job that I was working for ran out of money. This was a new company that started. My job was sales rep. We agreed in the interview (documented) to pay me a draw and pay for my expenses. After two months they got behind %3,500.00 to me and money to the two other sales reps that they hired. The company got re-organized and I was told that I could stay on board but recieve a 1099 for commision's only, and no expenses paid. I could not do this (no demand for the product being sold) so I quit. The emplyoer gave me a certified letter stating that the $3,500.00 will be paid back within 60 day. Now he wants me to sign a gag order. Should I sign this gag order. I just got the certified letter. I am afraid If I don't sign this letter I will not see the $3,500.00. I would rather not take them to court. I believe that in 60 days that I will see my Money. Thanks for the time.
1 Answer from Attorneys
Re: signing a ''gag'' order
The Pennsylvania Wage Collection Payment law entitles you to receive your wages from your former employer, plus a 25% penalty if the wages were withheld in bad faith, plus your attorney's fees incurred in recovering the wages.
Without actually seeing the letter that you are referring to, it is not possible to advise you as to whether or not you should sign it.
Generally speaking, however, I would never waive my rights in order to get something to which I was already entitled.
If you are interested in discussing this further, please call me at (215) 239-6026.
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