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Judge Thomas http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=44436 PLAINTIFF LAWYER was hired as a contract partner by defendant law firm. An agreement clause set forth the terms of employment and compensation. He left his employment after 18 months. His complaint alleged that defendant failed to pay $16, 572.50 for 2002, $2,500 or more for 2003 and also sought $6, 538.46 for vacation pay for the period Feb. 15, 2003 through Feb. 28, 2003. The law firm sought dismissal, claiming that by voluntarily leaving employment, plaintiff forfeited “all additional compensation accrued.” Plaintiff argued that earned wages forfeiture clauses were unenforceable as against public policy. The court denied dismissal, ruling that the contract provision at issue raised a fact question whether “additional income” was income that may be forfeited. Citing Weiner v. Diebold Group and Cohen v. Lord, Day & Lord, it ruled that because contracts with earned income wages forfeiture clauses violated public policies such clauses entered into by attorneys would also be void.

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