Legal Question in Employment Law in Georgia
- Attempted to resign from a airline company effective April 06, 2011 (2 wk notice was given), due to inability to transfer (PHL to ATL)
- Proper resignation procedures were never done by management, therefore I was left active as a employee, even after physically leaving.
- Still was being payed direct deposit on payroll 3 months after leaving.
- Management in ATL knew that I had resigned, and was aware I was still showing as active employee (Did not know I was still on payroll), and attemped to insert me into a postion in ATL to remain active.
- After communicating with management over time, I agreed to a lesser position in the company. I was never given this position (proof by emails). After attempting to transfer to open position in ATL, I received a phone call saying that payroll would want the money back (from april 6 to june 30) and I would be deactived in the system as of April 6 (This phone call was on July 1st). The problems are: I was not inactive after April 6, actually accessed the airport several times with government issued badges after I left (shouldnt have been active), never had access to do payroll (never sent in time sheet after I left), and received a overpayment notice from HR Payroll dept stating I owe $6,734. I have emails and company items (including a AMEX, badges, and company phone that were never retrieved) that are proof to mischief in this ordeal. I believe not only should I not have to pay this money (I was told to stay active), but also I should be compenstated for not receiving the job I accepted and being wrongfully deactivated (was previously told by management that 2 wks notice was resended). I believe I have a strong case due to the fact that I was not ever compensated, and allowing a person to knowingly have access to airport restricted areas without actually being a active employee are serious violations (by FAA and the city government). I would definitely like to move forward with this and believe I have a case at least for my own employement. Do I have a case?
1 Answer from Attorneys
Do you have a case?
Although no one here as reviewed your documents, it sounds like you committed fraud.
When you received paychecks after quitting you should have promptly returned the money.
And your attempt at access to the airport with a card after you left employment was likely a crime.
If the facts are as you stated them, you could be in serious trouble. Retain a lawyer to defend you. See a lawyer ASAP. I'd be more worried about the case against you than anything else.
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