Legal Question in Employment Law in New York

payment instead of 2 weeks notice

I worked for a commercial bank in NY states from February until June 2007. I recently received a letter stating that the bank made an error and paid my wages for several months after I voluntarily left the company. I gave my two weeks notice on the morning of June 1, 2007. However on that day, my district manager asked that I stay and wait for her to get back to me to tell me what steps I would need to take. At the end of the day (approximatley 330 4pm) a second manager came to tell me that because I was in a training program I would not need to give two weeks notice and could leave that day. I received 4 checks after that day. In Novemeber I received a letter stating that my seperation date was April 30 and I would need to re-pay every paycheck that I received from April 30 to July 31. I have attempted to contact the company for the past 3 weeks and have been told by several people that I must contact someone else to make the correction to my seperation date. I do not currently have this money they are claiming I owe and I do not believe I should re-pay any money that I rightfully earned during my employment at the company.

What are the options that I have available? THey also request that I pay in full within 45 days.


Asked on 12/05/07, 3:21 pm

1 Answer from Attorneys

Pasquale Calcagno Calcagno & Associates, PLLC

Re: payment instead of 2 weeks notice

It is likely that a dispute like this would end up in small claims court if it is in the five boroughs and is under $6,000.00. However, I need more facts. Please contact me at 1(800)WE-FIGHT so that we may discuss this matter in more detail. Thank you for your inquiry.

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Answered on 12/06/07, 1:37 am


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