How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Sam Your Own Question
Sam
Sam, Attorney at Law
Category: Military Law
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
10707909
Type Your Military Law Question Here...
Sam is online now
A new question is answered every 9 seconds

I am a female physician at the VA. When I was red in 2010,

Customer Question

I am a female physician at the VA. When I was hired in 2010, as part of my compensation package, I was offered a base salary, (the lowest salaried physician at the entire VA), along with market pay, and the recruitment incentive. (I am board-certified physician with years of experience). Essentially, verbally, I was told that my total compensation would not go down in the future. The incentive continued for years. Late, 2015, I am notified by HR, that my recruitment incentive had to stop and that I owed a debt, per DFAS of about $50k due to recruitment incentive not stopping in 2012 as should have. I was not aware of any overpayment until I was notified late 2015. In my personeel file, I had signed a paper that states the recruitment incentive stops after 2 years. (However, due to what I had been discussed in my sign on interview, I understood that it continued indefinitely.) HR at my institution accepts responsibility saying that it was an error on their part that my incentive should have been stopped after 2 years. HR says they will help me request a waiver of the debt since it was their fault the incentive was not stopped and that I was overpaid. Incidentally, this also happened to 2 others at my institution. There was one other physician who has the exact same story as I do; but sadly, she passed away. I don't know the name of the other. Do I have any recourse? By the way, even with the incentive, after almost 6 years of service, I would guess, I am still the lowest paid physician at the VA. (My performance reviews have always been very good to excellent). Do I have any chance of getting a waiver of my debt? Can you suggest a lawyer to help me write the letter to DFAS requesting the waiver? HR is offering to help me, but I feel that with this amount of money on the line, I need profession help.
Submitted: 1 year ago.
Category: Military Law
Expert:  Sam replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.
The written document in your HR file is going to outweigh any verbal agreement unless the persons you made the verbal with are willing to step up and explain to HR was the verbal was and in that regard, the "outstanding" debt should be waived or forgiven. I suggest you should consider contacting the VA Bar Association for a legal referral service.

Call(###) ###-####(metro Richmond)

Statewide and Nationwide Toll-Free Number:(###) ###-####br />
Tell then you need to consult with a local labor/employment/contract law attorney. You should be able to locate a local attorney who can write you the letter you need to have HR forgive that debt.

Customer: replied 1 year ago.
No, I think misunderstanding. I am a Veteran Administration Physician. Not Virginia. The medical director of the entire VA is willing to support my waiver request to DFAS since it was HR that made mistake. DFAS is different institution .
Expert:  Sam replied 1 year ago.

Ok. Thank you for the clarification. And where/what state do you work in, please? Arizona?

Customer: replied 1 year ago.
I live in Chandler, AZ. I am asking for any referral for lawyers with experience with dealing with DFAS debt contest if you know any but They don't have to live in AZ.
Customer: replied 1 year ago.
I can pay more if you have more advoce
Expert:  Sam replied 1 year ago.

Ok Thank you. The number for a legal referral in your area is(###) ###-#### ***** can ask the referral service for a DFAS local attorney. But you really need a local employment attorney.

I can only provide information for what you ask. So if you have other questions or need more information, let me know what that is, please. Again, The written document in your HR file is going to outweigh any verbal agreement unless the persons you made the verbal with are willing to step up and explain to HR what the verbal was and in that regard, the "outstanding" debt should be waived or forgiven.

Related Military Law Questions