Legal Question in Employment Law in New York

I had sent in my 2 weeks notice in the middle of september and worked until october 1st.

End of November I recieved a letter stating due to accounting error I am required to pay back all pay for september and that my last working day was August 31st. When I called to find out why, legal department said district manager supplied them with PAF of my termination for that date(august 31).

I have the original email cc to myself of my resignation and district managers response email, as well as text messages from employees still there today about work related issues, as well as print out reports of work I had done that show my name and ID and date and time all the way until my last day.

When speaking to thier legal department they had said they had done an "internal investigation" including checking with IT department and that they do not have to tell me what they found but that I still have to pay them back.

This is being done because I quit to work for the competition 3 blocks away and they are taking it personal.

What are my options?


Asked on 12/10/10, 2:29 pm

1 Answer from Attorneys
Paula McGill Attorney at Law

You may want to hire an attorney to represent you a matter that may wind up in court. The attorney can act as a buffer against you and company. As with all attempts to settle, the person who claims injury must produce evidence of harm and damage to be taken seriously. It would be unwise settle without evidence. Moreover, at this point with counsel involved, you need someone to advise you of your next steps.

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Answered on 12/15/10, 9:51 pm


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