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Id like some advice as to separation from an employer and…

Customer Question
Id like some advice...

Id like some advice as to separation from an employer and due incentive pay

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

The employer separating from is in Georgia - Im currently in Maryland

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time academic

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so

Submitted: 8 months ago.Category: Employment Law
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Answered in 12 minutes by:
12/18/2017
Employment Lawyer: Law Educator, Esq., Attorney replied 8 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 126,843
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

What is your question for us and the specific circumstances?

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Customer reply replied 8 months ago
I left a full time academic radiology position at Emory University in October of last year. I had been there since April of '16. I had been in discussions with the University of Maryland since approx May of '17 (of which I told my supervisor) and eventually told my immediate supervisor (chief of emergency radiology) that I was definitely leaving on June 1st of '17 and we agreed on a departure date of October 1st. At that time he told me that I should probably notify my colleagues in my section and the chair of radiology. I told the chair of the department two weeks later after firming up some logistics with Maryland. My exit interview with her was clearly punitive, reminding me that if I left that I would not have certain privileges; for example, they would not pay for my malpractice tail coverage. This was already clear to me as it was mentioned in my contract/agreement. There was no discussion of incentive bonus which I should have been due, having participated through the fiscal year. The chair demanded that I stay until October 31st. I explained that with the arrangements I made with Maryland and my current chief of emergency radiology that it would present a logistical difficulty. In spite of that I relented to an additional two weeks in that I was two weeks delayed in telling her. The chair was apparently upset and was not going to let me go "in good standing" but relented to being "disappointed" after a phone call was placed from my new chief at Maryland. I eventually left Sept 15.Since being in Maryland, I have received paychecks from Emory. I thought they were my exit salary for time worked (Sept paycheck) and the incentive bonus (October paycheck), but when I received a paycheck in November, I immediately called HR at Emory and notified them, asking that they remove the funds from my accounts. They did so and in addition told me that the Sept and October checks were in error because they had not terminated me from the system and that I need to repay they funds. On alerting Emory, the chair informed me that I was ineligible for the incentive bonus as I had left. The "policy" governing the bonus that she sent I thought was more vague on the rules around that and I truly believe that I should receive the bonus I contributed to as promised. In addition, the additional funds that were placed in my accounts have resulted in a severe disturbance to my finances in trying to pay them back. I have not done so to date. My questions are: Am I entitled to the incentive bonus? How do I go about returning the funds and under what time scale as they have severely disturbed my cash flow? I can provide contract and bonus policy as requested.
Customer reply replied 8 months ago
Sorry the agreed on departure date with my chief of emergency radiology was Sept 1 not October 31. 90 days after the notification date of June 1.
Employment Lawyer: Law Educator, Esq., Attorney replied 8 months ago

Thank you for your

Seeing the contract and bonus policy would be helpful, because what they have to pay you is based only on what the contract says, since there is no law mandating termination payments (severance or bonus).

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Customer reply replied 8 months ago
I have to say, all of my interactions with the chief of radiology since my announcement have taken on a punitive tone. That aside, Ive attached some main documents documenting what was said and when. I need to send you my offer later which Im sorry to say I don't have handy, but can get this afternoon. Until then I have attached the draft recruitment letter which except for few alterations and signature represents the offer tended by Emory in the final draft. I have pay stubs up until November and notifications until recently asking for Credentialling details to corroborate my non-termination with Emory.
Employment Lawyer: Law Educator, Esq., Attorney replied 8 months ago

Thank you for your reply.

From what you have posted, if you did not give the full 90 day notice as required, you would not be entitled to any of the incentive pay. But you have proof you did give the mandatory 90 day notice, so they would be in breach of contract and you would need to send a letter back to HR informing them of the date of your resignation and that you most certainly did comply with the 90 day requirement and as such you do not owe them any return of the money they paid you.

If they insist on refunding the money, you would have to sue them for breach of contract based upon your notice of termination date and the date you actually left.

As far as your employer being petty and punitive, that is not unlawful as the courts have held that ordinary uncivil behavior of an employer towards and employee would not be legally actionable. So just because she is trying to be a jerk to you because you are leaving is not actionable but her intentionally trying to circumvent the contract with you is legally actionable against the school for not honoring the agreement and their own policies.

Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically. Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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