At the end of an employment relationship, a former employee may assert that he or she is entitled to additional compensation from a former employer. This could be, for example, in the form of bonus, commissions, or profit sharing.

If a demand has been made by the former employee and the former employer refuses to pay, the former employee will be left with the sometimes difficult decision of whether or not to pursue litigation. In my practice, I have had the benefit of handling these type of matters on both sides of the coin—representing both individuals seeking additional compensation and the companies defending against such claims. With this dual perspective, there are four topics I find it is best to discuss with a former employee before commencing litigation.