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.