QUESTION

What should we do if now he claims he does not know why the $500 comes out each pay day and wants the full amount taken returned?

Asked on May 13th, 2014 on Labor and Employment - North Carolina
More details to this question:
An employee quit when he was not promoted and someone else was. He sent an email on a Saturday notifying me of his resignation. He entered our office and left his company items. He also emptied his employee file, removed backups of his laptop, has sent an email to our managers that accused me of stealing from the company, accused my wife of being a drug dealer and said my wife sexually harassed him and so on. He has placed slanderous items on blog pages. He says we owe him $34,000 in pay. We have addressed through time sheets and payroll records, we do not owe him. If anything he owes us for days off we paid him that he was not entitled too. Also, when he came on board, we were sued by his last employer because he left that company owing them money and quit without notice and a 2 week notice that was required to leave the company as stated in his offer package from past company. The legal cost to address this was close to $30,000. He agreed in a meeting with my partners and managers that we would keep him on board if he agreed to pay 1/2 the legal cost and the full amount owed back to his past employer. We paid all legal cost and he agreed to have $500 weekly to be removed from his pay as a loan.
Report Abuse

2 ANSWERS

Unless he goes to the NC Department of Labor or files some sort of lawsuit, you should be fine. I would suggest that, in anticipation for an investigation by the NC Department of Labor or a lawsuit, that you get together statements from all parties that heard him agree to repay the amount owed. Also, use as proof each week of payroll where the amounts were deducted. This can be used to show that he was on notice that the amounts were being deducted and did not take action until after his termination. If there are any emails, texts, or documents that mention the amounts owed, print and keep them as evidence. If you do receive notice of suit or complaint from the NC DOL, you should contact an attorney.
Answered on May 14th, 2014 at 11:06 AM

Report Abuse
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC at Love and Dillenbeck Law
Update Your Profile
I sure hope you got that agreement in writing. In any event, you need to speak to an employment attorney to make sure you cover all bases from whatever action he may try to take. I am not quite sure how your company got sued by the other company.
Answered on May 14th, 2014 at 7:56 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters