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I am looking for advise about a work related termination. Im…

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I am looking for advise about a work related termination

Lawyer's Assistant: Was the termination discussed with a manager or HR? Or with a lawyer?

Im lookin gup for advise no i do not have a lawyer my sister in law is a lawyer in Indiana, reccomended looking for advise with texas lawyer

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

Not union, salary

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

I resigned May 8, they asked me for 60 days, then may 21 they give me a "termination letter" according to contract after i place my resignation, if they decide to terminate me prior to my July second date, they should pay me until taht date, no they are sending me a letter saying i owe them money since my last payd day was may 21 (the day they handed me the termination letter.)

Submitted: 2 months ago.Category: Employment Law
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Answered in 55 minutes by:
5/26/2018
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,636
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

When you resign, you are legally immediately resigning and then offering the employer additional work. The employer is not legally obligated to accept that time frame, so no they don't have to pay you through your notice period.

Normally, you would not be entitled to unemployment, but in this case I think that you can argue for unemployment because you gave such a long notice period. The state would likely allow you to receive benefits.

If you were paid beyond your last day of work, you do legally owe that money back to them, even if the mistake was theirs in paying you.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Customer reply replied 2 months ago
It is a bit more complicated; I am not looking for unemployment. I am a Physician and had a signed contract. I started working for this company in February 2018. In my contract it states that the physician or employer has a 120 day window to cancel the contract, After working for this company, which has been sued by medicare for overcharges, et. I knew is not the place i want to stay after seing how they work.
I received a 10k sign in bonus for a 2 year contract, according to one of the clauses i am to give back part of the sign in bonus accoring to the time i dodnt stay 10,000/24 months. I placed my resignation letter may 8, they request 60 days and according to a clause in my contract for written election states if employer elects ti terminate physician during this 60 days transition period after given written notice physician shall be paid through the transition period. this is what i am trying to figure out since May 21 they handed me a termination letter stating that would be my l ast day working there. I can go over more details over the phone with you if possible. KTF
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 months ago

Ok. So, they can't get the bonus back from you because they caused you not to meet the time frames required.

They still do not have to pay you for not working, not as wages. You would have to sue them for breach of your contract if your position is that they could not release you before the end of your notice period.

You are correct, it is more complicated, but that is because it moved from being an employment law issue to a breach of contract issue. The state can't assist you, because this isn't a wage claim issue anymore. You would have to hire a local attorney to sue in state court on the contract.

I am not available by phone right now.

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Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 months ago

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care, have a great day and please don’t forget to rate my service.

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