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Discharge Liability

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JMWILLEE2

Junior Member
:confused: What is the name of your state? Michigan

I was hired as the Office Manager of a medical office in Sept. '04. The employment compensation that was offered to me, in writing, was to include my salary, medical benefits, profit sharing after the 1st year, 2 weeks paid vacation and 10% of any monies that were collected for dates-of-service prior to Jan. '04.

As the claims were paid, I would make a copy of the payment vouchers for these early dates-of-service. After the 1st 6 months of employment, I submitted a copy of these vouchers along with an adding machine tape showing the total amounts collected, and requested my 10%. The Dr. refused to pay me stating that he had to hire another person and that the 10% would be put toward paying her. After voicing my disagreement, he agreed that he would review the situation at a later date. I continued to collect copies of the incoming payment vouchers throughout the next 6 months.

In Oct. '05, I was dismissed from my employment. The Dr. said that he simply could not justify paying me any more, even though his revenues had shown an increase of 149% over the previous years earnings. Approximately 1 month following my dismissal, I submitted a copy of the later 6 months worth of payment vouchers, and requested the compensation for the 10% that had been agreed upon, along with compensation for my 2 weeks vacation that I had been scheduled to take in Nov. and Dec. '05, but had not yet taken.

After waiting for 3 weeks for a response to my request, I called the Dr. and asked for his response. He stated that he was "dismayed" to find out that I had taken copies of these financial documents out of the office following my dismissal and stated that I should return any such documents that I may still have. Please note that at the time of my hire, I was told to keep track of any monies coming in for the early dates, and coping the vouchers is the only was to document this information.

I have several questions regarding the above noted situation:
1. Is it advised that I return these document copies? If so, how could I
justify my request for compensation request?
2. Can I be held liable for taking these copies? Please note that no one has
seen this documentation except for the Dr. and myself.
3. If I do return the documents, should I have a witness with me at the time
of return, and should I have him sign something showing receipt?
4. Am I justified in requesting compensation for my unused vacation time?
5. What would you advise if he still refuses to pay? Please note that the
amount of compensation is $2849 for the 10% and $2166 for the unused
vacation.

Please advise.
 


pattytx

Senior Member
1. Yes. The documents are company property.

2. You could be, if the employer wants to pursue it.

3. Getting a receipt wouldn't be a bad idea.

4. If the company policy requires it, or there is no policy or the policy is silent, it would appear accrued vacation would be due at termination, irrespective of your agreement.
http://www.michigan.gov/cis/0,1607,7-154-27673_32352-41967--,00.html

5. You can file a claim with the state Dept. of Labor for the accrued vacation. Regarding the other, the DOL normally does not get involved with enforcing side agreements; only overtime, minimum wage, and other labor laws the state may have enacted. You should contact an attorney to review the agreement to see if it rises to the level of a bona fide, enforceable contract, and what remedies you may have if the employer breached it.
 

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