On September 29, 2022, the First Department issued a decision in Ramirez v. Moab Capital Partners, LLC, 2022 NY Slip Op. 05383, holding that an employee’s acceptance of a lesser bonus did not waive a claim for failure to pay the full bonus, explaining:
Defendant failed to establish, as a matter of law, that plaintiff waived his right to be compensated in accordance with the terms of a bonus provision in the parties’ employment agreement. The evidence it submitted to show that plaintiff had accepted a bonus amount lower than that to which he was entitled did not demonstrate a clear manifestation of intent to relinquish the contractual right.
(Internal citations omitted) (emphasis added).