Legal Question in Civil Litigation in New York

Employment

I worked as a salesperson for a large newspaper for 7 years. One of the managers left the company & bought a local paper. I went to work for him in July of 2005. In September 2006, he cut the base pay for sales people by $500 a month. In october, in order to pay my bills, I decided to drop my & my daughters health insurance which cost about $400 a month. When this was brought to my boss's attention, he offered to pay my insurance until the end of the year & said we would review my financial situation in January. In December, I got a better job offer & took it. I gave my 2 week notice. On my last day, the office manager came to me & said they wanted me to pay them back. I signed a paper saying I would pay $50 a month until it was payed off. This was not the original agreement & I only signed because it was a week before Christmas, & they owed me a few weeks pay, commission & vacation time & I didn't want to be out even more money, I thought if I didn't sign, they might withhold this money. I had already dug myself a financial hole by working there. I have not payed any money to my former employer. Now my former boss is taking me to court for the insurance money. Do I have a chance in court or am I obligated to pay?


Asked on 9/10/07, 9:34 pm

1 Answer from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Employment

You have a chance in court because you are in a sympathetic position, and because you are talking about benefits that most people receive as a side benefit. In addition, it was for only a few months and it sounds as though they were contemplating paying the insurance after your next review.The court would determine the actual terms of the agreement.

You might offer to split the remainder with them, or just wait and see if they sue you. If they do, you should discuss the suit with an attorney like myself right away.

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Answered on 9/11/07, 1:35 am


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