If I am owed significant backpay and y employer wants to spread it out over 2 years, how can I go about getting it as a lump sum instead?

How can I go about getting it as a lump sum without sacrificing what I am owed?

Asked on September 7, 2012 under Employment Labor Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you sue the employer and win, the judgment will require payment in full, rather than over time. However, to get to that point, you'd have to expend the time and, more significantly, the money to sue, which will eat into and partially negate what you hope to recover. The problem is, the only way to compel faster payment is through litigation, so you need to decide if doing so is actuall in your interest.

 

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this coutnry, if you as an employee are owed back wages, such are due an payable immediately. You need to advise this fact to your employer. If your employer simply does not have the funds to pay you, I suggest a written promissory note for the amount owed with interest at 3% to 4 % with monthly payments to you be made with the note is secured with something of value.

I suggest that you consult with an employment attorney further about your situation before you sign any agreement with your employer about over due wages.


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