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If you think the termination was a direct result of the receipt of the levy, talk to an attorney. You may have a case for wrongful termination.

Only an attorney in your state who has read all the documents in their entirety could tell you for sure.

Didn't I answer this already? If your employer want to hold you to it, they can certainly do so.

Were you on FMLA leave? If so, how long were you out? Being off for a work comp injury does not automatically give you the right to your job back no matter what.

Sam, this thread is nearly a year old and I'm sure the OP has resolved the situation by now and it doesn't look like the OP has been back since.

You are if the company says you are. Talk to your boss immediately and apologize and see if you can retract your statement.

Are you asking if the write-up was legal? Yes, it was. Was it illegal discrimination or harrassment? Of course not. There are reasons that employers don't want employees clocking in 10 minutes before the shift starts. And I'll tell you what the main one is. If an employee files a wage...

All I can say to that is :eek::eek:

So why do you think you don't have to?

No, that is wrong, wrong, wrong.

In the federal government pages of your phone book or google "Dept of Labor".

I can address only the legality under the LAW of your termination and it was legal, FMLA not withstanding. FMLA does not protect your job when circumstances are such that you would have been terminated anyway (as in the case of excessive absences not related to FMLA, badging/time errors, etc.)...

Before we jump at the legality of this, let's just check. Does the employer have at least 50 employees at your job site or within a 75-mile radius? If yes, we'll move forward with more questions.

BTW, it is not a good idea to listen to doctors about employment matters. Would you trust your HR director to advise you on medical issues?

http://www.state.il.us/agency/idol/faq/qawage.htm Now, could they sue you for the money? Yes. Would they prevail? Maybe, maybe not.

I'm thinking it could be the preponderance of the evidence as to whether this was a benefit to the employee that "benefitted" him personally MORE than it benefitted the employer. But I'm not an attorney. That's why I said it could probably go either way.

I don't disagree with the deduction from pay answer. Everything else is merely speculation.

We've gotten off the point here. The OP can either repay it or not. If the ex-employer wants to sue, he either prevails or it doesn't. Our opinions mean nothing.

"Company convenience" means nothing legally. If you are exempt and the shutdown coincides with the company-defined workweek, it can legally be unpaid. If you are nonexempt there is no "if", it can legally be unpaid. For both exempt and nonexempt, the employer can force you to use any paid...

Because membership in a professional association is often (as it sounds like here) in the name of the individual, NOT in the name of the company. The individual benefits from the membership regardless of whom he is working for. And honestly, it would not be illegal for an employer to want...