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Check Issued in Error

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PayrollHRGuy

Senior Member
It's not a question of if he worked ....if he was paid to be " on call" then he properly is due the funds absent some other provision.

IF he was given some open ended severance package that would or might continue if he didn't have a job by then...and we don't know..but IF he didn't have a job by then , I don't see employer as holding the high road to retroactively recover severance ....IF employer sent clear notice that severance has run out ...which we do not know ..and he was paid AFTER that point, I would agree it's an error and he owns it back!

IN which court in what state for what ?


In neither of the states the OP mentioned is there any requirement for on-call pay. And there is nothing in the post that would lead us to believe that if he were in a state that required on call pay that he would have met the requirements for it or that he would meet the requirement of any federal on-call pay.

The severance was going to be through March. They said, if he didn't have a job by then they would help him out if he didn't have a job by then. That could mean many things but there is no reason to think it would be a binding agreement for additional severance.

The court he would end up end is civil court for the debt he owes when they sue him for it.
 


HRZ

Senior Member
cbg is usually 100% correct ....and I agree ., employer has no duty to pay for mere standby ...but that is not what OP said they agreed to do ...they agreed to pay him for standby ( no work) for some open ended period ...and having paid him to do exactly that I don't think it's a slam dunk to recover the money ..and apparently the employer failed to establish a clear end date to the " standby " pay .

OP , did you get a new job by month end ?
 

Zigner

Senior Member, Non-Attorney
... but that is not what OP said they agreed to do ...they agreed to pay him for standby ( no work) for some open ended period ...
The OP has said no such thing.

ETA: The OP was told he'd be paid through the end of March and, apparently, was. Beyond that, there was no agreement to pay anything.
 

not2cleverRed

Obvious Observer
cbg is usually 100% correct ....and I agree ., employer has no duty to pay for mere standby ...but that is not what OP said they agreed to do ...they agreed to pay him for standby ( no work) for some open ended period ...and having paid him to do exactly that I don't think it's a slam dunk to recover the money ..and apparently the employer failed to establish a clear end date to the " standby " pay .

OP , did you get a new job by month end ?
You would be in the minority with this opinion.

It is pretty clear to the rest of us, that in spite of what OP says about his former employer, the really unethical person is OP. OP did not earn the money. OP cannot keep the money.
 

cbg

I'm a Northern Girl
No, the OP did NOT say that he would be paid to be on call. That is your well-known habit of making up facts and then answering to fit those facts instead of what was actually written.

This is what was actually written:

I'm still supposedly "on call" to help with some social media advertising they are doing. I haven't done anything, though, because they haven't contacted me.

In NO state does the law require that you be paid to be on call. He has done no work on call. He is NOT entitled to any pay.

HRZ, I've known you for probably 15 years or more and I can't even begin to count the number of posters you've given wrong advice to because you read things that aren't there. Please, please, please go back to school and take a course in reading comprehension.
 
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