Legal Question in Employment Law in Georgia

How should I proceed?:

On 8/22, Boss & I met to review sales. I'd been put on written Perf Plan earlier in summer, and based on proj closings, wouldn't end Aug where I needed to be. Boss said a "tough conversation" lay ahead in Sept. I asked if this meant I'd be fired (as Plan indicated), but Boss wouldn't confirm or deny. Panicked & hating the thought of termination, I asked if I could resign instead. Boss ok'd, and asked for letter res'gnat'n by end of day. This was Fri before I was to leave for week's vacation. Deciding to gather thoughts, I chose not turn in res'gnat'n; however, fearing inevitable, I removed personal items from desk & went home that evening. Back at work Mon, 9/1, I reached out to Boss. Explained I didn't want to leave, and asked if there was any capacity in which could stay on. Boss refused, & said my last day would be 9/5. Dir dep on 9/29 confirms I'm still on payroll! I fell thru cracks: never fired, & never resigned, either! Now what-call Boss or H/R? Have give back money paid in error?


Asked on 9/28/14, 11:37 am

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Your decision to not use complete words and sentences makes this hard to read, but about the only thing that is relevant at all is the last couple of lines. After the termination of your employment, you continued to be paid by mistake. For some reason, you believe you might be able to keep this money. Of course you need to notify the company and return the money.

Read more
Answered on 9/28/14, 11:55 am
Michael Caldwell DeLong, Caldwell, Bridgers & Fitzpatrick LLC

Scott's answer is spot on. You need to notify the company and return the money paid to you by mistake. It not only will save you from criminal charges, it also will make you much more employable if your former employer does not tell your next employer that you took advantage of a company mistake by keeping the money to which you were not entitled.

Michael A. Caldwell

Read more
Answered on 9/28/14, 4:13 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in Georgia