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  1. #1
    Join Date
    May 2007
    Posts
    5

    Default Non-Disparagement Agreement As A Condition To Receive Compensation Due

    I recently quit my job as a sales rep for a Virginia based internet start up company. I was only there for 3 months as the product was simply not ready to be sold.

    I gave them notice on May 14th and I received an email from the VP stating they didn't need 2 weeks notice and my last day would be May 18th. He said this date because it coincided with the end of the pay period. I was okay with this. Then they asked for their equipment (laptop, etc) to be sent to them before they would mail any salary checks or my expense checks for April and May. I told them that without knowing how much they owed me I could not send equipment back. I would be happy to send back as soon as they gave me an amount in writing of what they owed.

    If I can take a further step back here...I never signed any letter of employment from this company as I did not agree with some of the verbiage. I told them this when I started and they said they would re-work and send it again for signature. They never sent one back to me. So, upon my resignation demand that I know what I am owed before I send anything back to them they keep quoting this document I never signed. I have asked them to provide me a copy of this letter of employment that is signed by me. I have yet to see it.

    Now, since I have been demanding in my request they are having a non-disparagement agreement drawn up that they are asking me to sign in order to receive my last pay check and expenses.

    Do I have to sign this agreement in order to get paid? Since I never signed a Non-Disclosure or letter of employment can they force me to send their equipment back before I get paid? I was skeptical of receiving any monies after I sent their equipment back and I wanted to make sure it was in writing that they owed me the $5000 or so. They felt as though I was causing problems and they have said repeatedly they will take me to court and it cost me more than the monies they owe me. I only want to get paid what is owed to me and return their equipment.

    Any help or advice is much appreciated...They are trying to force me to do this immediately although I have not see this non-disparagement agreement.

    I am a Connecticut based salesperson that works for a Virginia based internet company.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Virginia-Non-Disparagement as a condition to receive paycheck and expenses

    They have no right to withhold your paychecks, and you have no right to withhold their property. So return their property, and make a wage claim. If you're being paid out of Virginia, go here.

  3. #3
    Join Date
    May 2007
    Posts
    5

    Default Re: Virginia-Non-Disparagement as a condition to receive paycheck and expenses

    Thanks Mr Knowitall...My main question here is since I am no longer employed by this company can they force me to sign a non-disparagement agreement in order to get my pay and expenses?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Virginia-Non-Disparagement as a condition to receive paycheck and expenses

    They have no legal right to require you to sign anything as a condition to getting compensation they already owe to you. They could, however, require such an agreement as a condition to their giving you a severance package above and beyond what they already owe.

  5. #5
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Non-Disparagement Agreement As A Condition To Receive Compensation Due

    You do need to return their equipment to them. If they do not pay you, put in a claim/complaint with the state DOL. You deserve your pay & do not need to sign the agreement in order to be paid.

  6. #6
    Join Date
    May 2007
    Posts
    5

    Default Re: Non-Disparagement Agreement As A Condition To Receive Compensation Due

    Thank you for your responses. I will let you know what happens.

  7. #7
    Join Date
    May 2007
    Posts
    5

    Default Re: Non-Disparagement Agreement As A Condition To Receive Compensation Due

    I am to assume they will not pay me the expenses that are owed? Is that something I can sue for? Will they (or should they) have to pay any damages over and above what is owed?

    By the way I did mail them their equipment back today with a letter stating that I am returning their company owned equipment and in return they should send my paycheck and expenses back to me...

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Non-Disparagement Agreement As A Condition To Receive Compensation Due

    Why are you assuming they will refuse to pay your expenses?

  9. #9
    Join Date
    May 2007
    Posts
    5

    Default Re: Non-Disparagement Agreement As A Condition To Receive Compensation Due

    Because they stated that if I do not sign this agreement then they told me I would see any monies (including expenses). I have the agreement in hand now and it is up to me to accept this or not get the almost $5000 of what they owe me. What would you do?

  10. #10
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Non-Disparagement Agreement As A Condition To Receive Compensation Due

    What do you object to in the agreement (remember, I haven't read it)?

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