Legal Question in Legal Ethics in Georgia
Buyout of Stock Grants and Company made mistake on payout check
I am an employee (an accountant) of a company that recently was bought by a private company and I had received a stock grant. My stock grant was issued at gross instead of net of tax like it should have been originally. Since this error was made, now my company wants us to return the checks to them so they can send them to the registrar to reissue a new check net of tax. I still do not understand why I could not just pay the company the tax portion, which I have calculated. I was even told that if I did not return my check, they might take tax portion out of my normal wages which I believe is not legal. The company cannot give me a time frame for when I will receive a new check and I would like some advise on wheither I should cash my check and what the company could do to me. No stop payments are to be made to these checks.
Thanks for any advise
1 Answer from Attorneys
Re: Buyout of Stock Grants and Company made mistake on payout check
A mistake was made, and they are trying to fix it. I don't see the problem. We can't second guess their business decision, and you seem to be relying on some principle. What can they do to you if you don't go along? Who signs your paycheck, provides your review and determines raises and promotions?