JustAnswer > Employment Law

Employment Law

Ask an Employment Law Question, Get an Answer ASAP!

Have your own Employment Law question?

13 Lawyers are Online Now

characters left:

Not an Employment Law Question?

Question

I am currently employed with a fitness company. They put me on administrative leave as I am under investigation which they had me sign my statement for. Long story, but I was told by my manager a certain procedure was okay, but was told by loss prevention that it was not, and they want to make me pay back any bonuses I earned resulting from this sales procedure. I am wondering what will happen if I resign while I am on administrative leave. Will future background checks show I was terminated, or that I resigned? Also, the restitution, will I still need to pay it after I resigned? If I don't resign, and am terminated, can I sue for wrongful termination, if I was not the only one doing this, but the "biggest offender" and others were not terminated for doing the same thing?

Submitted: 418 days and 10 hours ago.

Category: Employment Law

Value: $45

Status: CLOSED

Alameda, California

Already Tried:
I have written my resignation in an email, and have saved as draft, but not sure if I should send it. If I am terminated, I cannot collect unemployment anyway, so I don't see the reason to stay and be fired, when I can resign.

Posted by Adam Kirk 418 days and 10 hours ago.

Answer

If you resign, your records will reflect just that - not a termination. If you are terminated, you can sue for wrongful termination if you were terminated because you were following a protocol/procedure the employer told you and authorized you to perform. Also, the fact that you were singled out among all others certainly looks like you were targeted and treated differently that everyone else.

If you are terminated, it is possible to collect unemployment, but if you resign it is nearly impossible to collect.

418 days and 9 hours ago.

Reply

Thank you.
If I do resign, am I still required by the company to pay whatever they say I earned in bonuses? I did sign my statement of the facts in what I did. I am wondering if they can take legal action against me or garnish future wages?

Accepted Answer

IF they claim you were paid improperly, the company has a right to claim that money - which means they would demand that you repay it. If you believe your actions were not inappropriate, you don't have to pay it back, but if you refuse, the employer has the right to sue you for it and let the court decide the issue. If the court were to rule against you, the employer would be able to garnish wages, freeze bank accounts, etc.

Expert:	Adam Kirk
Pos. Feedback:	93.8 %
Accepts:	720
Answered:	1/25/2009

Lawyer

Litigation Attorney

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Employment Law

Ask an Employment Law Question, Get an Answer ASAP!

Have your own Employment Law question?

Related Employment Law Topics:

Question

Optional Information

Alameda, California

Already Tried:
I have written my resignation in an email, and have saved as draft, but not sure if I should send it. If I am terminated, I cannot collect unemployment anyway, so I don't see the reason to stay and be fired, when I can resign.

Answer

Reply

Thank you.
If I do resign, am I still required by the company to pay whatever they say I earned in bonuses? I did sign my statement of the facts in what I did. I am wondering if they can take legal action against me or garnish future wages?

Accepted Answer

Employment Law

Ask an Employment Law Question, Get an Answer ASAP!

Have your own Employment Law question?

Related Employment Law Topics:

Question

Optional Information

Alameda, California Already Tried: I have written my resignation in an email, and have saved as draft, but not sure if I should send it. If I am terminated, I cannot collect unemployment anyway, so I don't see the reason to stay and be fired, when I can resign.

Answer

Reply

Thank you.If I do resign, am I still required by the company to pay whatever they say I earned in bonuses? I did sign my statement of the facts in what I did. I am wondering if they can take legal action against me or garnish future wages?

Accepted Answer

Related Employment Law Questions

Alameda, California

Already Tried:
I have written my resignation in an email, and have saved as draft, but not sure if I should send it. If I am terminated, I cannot collect unemployment anyway, so I don't see the reason to stay and be fired, when I can resign.

Thank you.
If I do resign, am I still required by the company to pay whatever they say I earned in bonuses? I did sign my statement of the facts in what I did. I am wondering if they can take legal action against me or garnish future wages?