Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

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: 5 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 12 minutes by:
12/18/2017
Employment Lawyer: Law Educator, Esq., Attorney replied 5 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 124,422
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?

Ask Your Own Employment Law Question
Customer reply replied 5 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 5 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 5 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).

Ask Your Own Employment Law Question
Customer reply replied 5 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 5 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.

Ask Your Own Employment Law Question
Was this answer helpful?
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 124,422
124,422 Satisfied Customers
Experience: 20+ Years of Employment Law Experience

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,976 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,991 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I'm not sure if this is qualifies as a employment law
I'm not sure if this is qualifies as a employment law question, but here go: … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I worked with a Canadian company and they terminated but are
I worked with a Canadian company and they terminated but are refusing to pay the last 2 weeks, they say because of breach of contract but that is not in the signed agreeemtn. what can I do… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have a question regarding employment law. I have not
I was on an FMLA leave during that time an investigation into me took place and upon my return from leave I was terminated… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
Just had a couple of questions regarding employment laws for
just had a couple of questions regarding employment laws for Exempt Full time salaried employee … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,598 satisfied customers
Do you deal with employment law? A company is running a
a company is running a background check on me I was just wondering if I need to disclose a civil lawsuit that was dismissed almost 7 years ago … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
My case is a employment law case. I was terminated on
i was terminated on 8/2/2017 and asking the court for my job back,. … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,598 satisfied customers
I have a question on employment law, particularly during the
i have a question on employment law, particularly during the termination process and two weeks notice policies … read more
Ray
Ray
Lawyer
Doctoral Degree
32,639 satisfied customers
I have a question about employment law and whether I have a
Hello, I have a question about employment law and whether I have a case. … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
124,422 satisfied customers
I wanted to consult with an employment law lawyer to ask
Hi I wanted to consult with an employment law lawyer to ask questions regarding a severance pay package I received yesterday upon termination … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I was fired in breach of contract, they can fire me without
I was fired in breach of contract, they can fire me without reason but they have to give 7 days notice. There was also workplace harrassment, bullying, retaliation, sexual harrassment, theft and unpai… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
758 satisfied customers
Looking for employment law guidance - regarding an employee
Hi. Looking for employment law guidance - regarding an employee that has gone on disability but we believe is falcifying her condition. … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
124,422 satisfied customers
Have a question related to employment law. All of the
Have a question related to employment law JA: Was this discussed with a manager or HR? Or with a lawyer? Customer: All of the above... JA: Is the workplace "at will" or union? Is the job hourly or sal… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
Employment law question regarding settlement language -- my
Employment law question regarding settlement language -- my former employer will not sign a mutual non-disparagement - I have full disparagement but they only wants to limit to a few employees - more … read more
Thelawman2
Thelawman2
Doctoral Degree
1,358 satisfied customers
A incentive stock option trading question: After an employee
A incentive stock option trading question:After an employee quits a job, he typically has a 90 day deadline to exercise his stock options. When he leaves the company, he may know information that may … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
Employment law Constructive dismissal as retaliation for
Employment law Constructive dismissal as retaliation for sexual harassment and FMLA limitations… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,266 satisfied customers
I have been terminated, nothing signed, no exit interview,
I have been terminated, nothing signed, no exit interview, no termination agreement. Simply a telephone call from HR Manager stating that I was suspended pending and investigation by our HR manager. Several days later, I was informed that the "company" was severing my employment and that my direct manager would contact me to get property. That manager and I met exchanged property. When I asked the reason for my dismissal, she stated "violation of company policy". My inquiries about specifics met with "I don't know" My manager stated "all I was asked to do was complete the request for termination document".. Thinking I need to contact attorney however do not know where to begin. Please advise … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,919 satisfied customers
Apart from breach of contract, when an employer a 1099
Apart from breach of contract, when an employer a 1099 independent contractor and provides information regarding policies and procedures (given months after a contract was signed) which must be follow… read more
John
John
Employment Lawyer
Doctoral Degree
3,991 satisfied customers
Need advice on employment law/wrongful termination. At will
Need advice on employment law/wrongful termination … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,919 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x