Legal Question in Employment Law in New York

Manager opened my sealed paystub advice in my absence
I resigned my position with two weeks notice after working 10 years for a national lender. I recieved a semi monthly paystub advice shortly after leaving, understanding it was initial witheld pay and quarterly bonus due me. I now received a letter from the branch manager stating I was over paid twice via direct deposit and requested that I write a check for the net amount and return it to them. I never received the second paystub advice and I'm certain she opened my payroll envelope with the stub and realized the possible error, and that I received it direct deposit. HR never contacted me nor have I received COBRA or exit interview notification. (It has been 38 days since my last day worked) FYI, I called HR and asked to discuss this with a rep. and no one has called me back. Can I request the stub before I send the money back? Can they withold my quarterly bonus? I left 4/1/05. Was she legally able to open my mail? Should I contact an attorney abou the COBRA situation?

Asked on 5/07/05, 8:37 am

Mark S. Moroknek Kelly & Curtis, PLLC.

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Re: Manager opened my sealed paystub advice in my absence

Make a complaint to the Deparment of labor, if you do't want to go to court over it.

Answered on 5/09/05, 9:48 pm

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