Well, that didn't take long! It seems an attorney in our midst has started advising employees to take a position the monies paid by Employers was additional compensation and therefore the benefit of the buyout should stay with the employee. In fact, a "fraud" threat letter is being peddled by this attorney. I wholeheartedly disagree with the contention, and we will be looking to move for declaratory judgment against certain employees on behalf of a few clients who have already contacted us on this issue. By asking a judge to make a decision on standardized contract language in many of your employment agreements, we hope to put an end to most squabbles and set clear precedent (hopefully in the Employer's favor) that the payout proceeds are the Employer's.
If you are having a similar problem - where employees have not just resisted, but outright refused to sign the consent turning over the MLMIC buyout proceeds, email Taryn to set a time to talk at TCrimi@Kirschenbaumesq.com.
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