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My boss is trying go blackmail me to stay. He knew I would be resigning. I notified him yesterday that next Friday would be my last day. He's now trying go say my on-call pay for the last year and a half weren't authorized and I'll have to pay him back and continue working or he's already got lawyers and I'll be charged with a 3rd degree felony

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page.

Florida for work, just relocated to north Carolina as of last month

Lawyer's Assistant: Has anything been filed or reported?

My husband and 3 kids are up there

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Nothing just threats so far

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Answered in 28 minutes by:
9/21/2017
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,213
Experience: Significant experience in all areas of employment law.
Verified

Hello and welcome. I am very sorry to hear about this. Did you have a specific question I can assist you with?

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Customer reply replied 9 months ago
what are my options of response. He's very aggressive, and since I have nothing in writing he's leaning on me to try to get me to admit guilt, agree to a payment plan, and continue to work for him. If I continue with my resignation he will most assuredly report me. What course of action would you recommend?

Thank you. I cannot tell you what to do, I can only explain general legal principles so that you can decide what to do. Threatening to report you to the police if you don't continue working is extortion, which is a crime in itself. If it's possible to get that threat in writing from your employer then you have evidence of the crime. Of course, this will not prevent them from actually going to the police, or prevent the police from investigating whatever they report. That could still happen, and is not changed by the fact that your employer is engaging in extortion.

Now, the good news is that it's very unlikely something like this would be criminal prosecuted. Unless fraudulent intent can be showed, this is a civil matter, merely a question of what is appropriate compensation and whether you were overpaid. You could quit and most likely all your employer could do is sue you in civil court for the amount of any overpayment. They would have to prove that you were not supposed to be getting this on call time, which will be dififcult for them to prove because you were getting it for so long. So, if it was truly unauthorized why was it not brought to your attention much sooner?

In my opinion, you can never let someone exert control over you through black mail. If you let them do it, they'll never let go. They might want you to work an extra 4 months now, but what happens when that's over and then your employer tells you that they want you to work an extra four? You have no way of knowing how far they'll take it, and the only way of retaining control is by ignoring the threat.

Again, what you decide to do is up to you, but I hope this general information is helpful to you in making your decision.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

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Customer reply replied 9 months ago
If I continue with the resignation and return to NC to be with my family and try to obtain new employment (he said he would try to block me from getting a new job when they call to verify my employment) - will leaving the state cause me any issues?

No, leaving the state generally would not cause an issue unless you were actually charged with a crime. Otherwise, you're free to go wherever you want.

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Was there anything else I can do for you?

Ask Your Own Employment Law Question
Customer reply replied 9 months ago
Should I obtain representation now, or wait to see what happens? Thanks and I appreciate your help.

At this point there is nothing to obtain representation for. Until you are charged or a lawsuit is filed against you, there is nothing for an attorney to do.

I hope this helps. Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service (using the stars at the top of the page) so that I may receive credit for assisting you.

Very best wishes.

Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,213
Experience: Significant experience in all areas of employment law.
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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