Can my former employer from 2 years ago keep my profit sharing money?
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Can my former employer from 2 years ago keep my profit sharing money?
My former employer from 2 years ago refuses to pay me my Profit Sharing money and told me that I can not receive it until 2024 which by then there will be no money since I lose money every year. I have gone to his office and told him to cut me a check and he refuses. Gave me a packet of the profit sharing info and on page 12 it says that I can receive my money if I no longer work for the employer. When brought to his attention he still refuses. What are my rights and what type of lawyer do I need?
Asked on August 12, 2016 under Employment Labor Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If the agreement (possibly as shown by the information packet you describe) was that you would receive it when your stop working for the employer, then if you are not paid, you could sue for it--you would sue for breach of contract, and to recover the money, would have to prove in court by a "preponderance of the evidence" (that it is more likely than not) that there was an agreement, the terms of the agreement, and that you did whatever was required of you for the profit sharing money.
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