Provided by: Jennifer Kirschenbaum, Esq.
October 24, 2018
Question:
Jennifer,
I received a sizable check from MLMIC. A former employer of mine contacted me and is demanding I give it to him, or write him a check in that amount. Now what?
Help! Dr. A
Answer:
Well, this is the 7th call we've gotten this week (and I'm writing this on Tuesday!) where a former employer turned up after word the MLMIC checks went out. This is why MLMIC has set up ADR - an Alternative Dispute Resolution forum - essentially mediation - to resolve disputes between employees and employers on who should get the checks. The determination will likely depend on the language in your employment agreement with the employer, who paid premiums, and why? Were the premium amounts in lieu of additional compensation? Were you responsible for any portion? Did you pay any tail? Each scenario is fact specific. To best advise you, I would have to look at your facts.
Certain employers are getting very aggressive and are looking to avoid ADR or negotiation, and go straight to a lawsuit. Careful here, real expense can rack up very quickly. Do not ignore threats of suit, or play the fool. Make sure we engage asap if you are in the middle of a heating spat with the former employer. Landing yourself in protracted expensive litigation will be one of the last things you want to do.
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