I have worked for my company for more than 10 years, recently I gave my notice that I was leaving to pursue another opportunity. I have exemplary work record with this company and they would be hard pressed to find any employee current or former, or any clients to say otherwise. 5 days prior to my final work day per my resignation letter, I was handed a non disclosure agreement. At first I did not think anything of it, but as I read through it, there was a lot of items I was not comfortable signing. For example, if any current employee went and worked for the company I am leaving for, I would owe my previous employer 5 times the employees annual salary. While I had no issue with keeping company information and secrets confidential, I had issues with other things that were in the NDA. I consulted an attorney and he advised me not sign anything as I am in no way legally obligated to sign anything on exit. I also signed nothing when I started with the company or anytime during which I worked there. The company refused to pay me anything on my last day, even though that day was pay day for the previous 2 weeks. I also had completed bonus work and vacation time built up, which I also did not get paid for. I told them repeatedly that they cannot withhold what is rightfully mine per IL labor law and asked several times for my paycheck which they did not give to me, all they would say is "if I dont sign the NDA they wont pay me". I even asked if I was being fired, and they said no. I spoke with several other people who had left the company, 2 signed the NDA (which from what I can tell they started asking people leaving to sign it about 6 months ago) and 2 did not sign anything at all. All of them got paid their full pay, vacation time, and current bonus pay prior to leaving.
Some other things to note, I am leaving for a senior position at a competitor and I would have had no issues signing something that was reasonable to protect their customers, just not what was originally handed to me. My former company is not hurting financially.
I realize I can file a claim with the IL Labor Board and the law is pretty black and white as far as pay and vacation time. Bonuses seem to get into a grey area, and not sure about 401K matching. However they ask for a lot documentation and my former employer does not really have any, not even a employee hand book. I cant figure out why I was treated differently than any other previous employees who left. If I hire an attorney and go through civil courts, fees will pile up but not sure if I can go after anything else like attorney fees. Personally I think they discriminated against me as of the 4 previous employees that left I mentioned all were men and I am not. I realize discrimination can be hard to prove, but I don't see any reason legal or not they would refuse to pay me. The only thing they could possibly say is I did not sign the NDA when leaving so they refused to pay me which is pretty clear that is not legal.
If I was paid everything owed to me including pay, all unused vacation time, bonuses, and 401k match total amount they should owe me would be more than 10K. Is it worth to go after civil or just use the state board? Really I just want what I know is rightfully owed to me.
Any thoughts or advice would be greatly appreciated. This was the last thing I wanted to deal with, I had no intention of leaving on bad terms. However this is causing me nothing but stress, as I feel they reached in my purse and basically stole the money I earned and was rightfully mine.
Thank you in advance,
Stressed & Frustrated
Some other things to note, I am leaving for a senior position at a competitor and I would have had no issues signing something that was reasonable to protect their customers, just not what was originally handed to me. My former company is not hurting financially.
I realize I can file a claim with the IL Labor Board and the law is pretty black and white as far as pay and vacation time. Bonuses seem to get into a grey area, and not sure about 401K matching. However they ask for a lot documentation and my former employer does not really have any, not even a employee hand book. I cant figure out why I was treated differently than any other previous employees who left. If I hire an attorney and go through civil courts, fees will pile up but not sure if I can go after anything else like attorney fees. Personally I think they discriminated against me as of the 4 previous employees that left I mentioned all were men and I am not. I realize discrimination can be hard to prove, but I don't see any reason legal or not they would refuse to pay me. The only thing they could possibly say is I did not sign the NDA when leaving so they refused to pay me which is pretty clear that is not legal.
If I was paid everything owed to me including pay, all unused vacation time, bonuses, and 401k match total amount they should owe me would be more than 10K. Is it worth to go after civil or just use the state board? Really I just want what I know is rightfully owed to me.
Any thoughts or advice would be greatly appreciated. This was the last thing I wanted to deal with, I had no intention of leaving on bad terms. However this is causing me nothing but stress, as I feel they reached in my purse and basically stole the money I earned and was rightfully mine.
Thank you in advance,
Stressed & Frustrated
