NYS Employee Attorney Request - Benefits, Reimbursements, Referral Fees & Overpayment
Hi, I’m seeking guidance on behalf of someone in the following situation for a NYS Employee Attorney They resigned from their position on January 13, but their employer continued to issue weekly salary payments afterward. In addition to their final week’s pay and a commission, they received ongoing weekly payments of approximately $1,634. It appears one week may have been skipped, but the total post-resignation payments are approximately $14,700. Separately, the employer still owes reimbursement expenses from December, as well as accrued but unused vacation time (approximately 53 hours), neither of which has been paid. Prior to resignation, the individual was locked out of their work systems and was unable to submit a reimbursement report, so the exact amount owed is unclear. The employer is now requesting repayment of the post-resignation salary but is refusing to enter into a referral agreement unless and until this issue is resolved. In the meantime, the individual has referred (or may refer) clients to the employer. The key question is whether the individual has any entitlement to referral fees in the absence of a signed referral agreement, particularly given the outstanding compensation issues on both sides. There were prior discussions regarding referral compensation before referrals were made. We are also looking for an attorney to consult regarding this matter. Any insight would be appreciated. Nicole A. Palermo, Esq. The Palermo Firm 150 Broadhollow Road, Suite 206 Melville, New York 11747 www.thepalermofirm.com<http://www.thepalermofirm.com/> 516-262-4040 Confidentiality Note: This e-mail is intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. Dissemination, distribution or copying of this e-mail or the information herein by anyone other than the intended recipient, or an employee or agent responsible for delivering the message to the intended recipient, is prohibited. If you have received this e-mail in error, please call the above office and destroy the original message and all copies.
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Nicole Palermo