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  1. #1
    Join Date
    Apr 2015
    Posts
    2

    Default Employer is Asking Me to Return a Paycheck I Thought Was a Bonus

    My question involves employment and labor law for the state of: Arizona


    I worked for a restaurant. They closed down for good. Usually, I would be the one to do our time sheets and print out the employee checks. However, for this last one, one of the owners did the time sheet on our accountant's website.

    He did them, asked me to print them out and handed them to the employees.

    When I printed them out, I saw there's a check for me (minus social, medical, federal & state tax). I figured this was a bonus for me (I had talked to this specific partner the day before). I didn't think much of it at the time. So I just cashed in the check and deposited it into my back account.

    Now, 2 weeks later, they're saying the person who did the time sheet (one of the owners) or someone at the accounting firm ****ed up the time sheet and told me I shouldn't have been issued a check for this period since I was already paid for the whole week when they announced they were closing down the restaurant (they did).

    They told me they wouldn't give me a bonus despite that that was the agreement when I took the job (verbally). If the monthly sales are over XXXX amount, they would give me a bonus ranging from $200 - $500. But now the restaurant is closed, they told me they're not gonna give me a bonus despite for the whole 5 months I worked there. Each month, the sales exceeded the XXXXX amount.

    I guess my questions

    can they legally ask me to refund a check that's already been issued to me?
    The bonus, can they legally refuse to honor our (verbal, not written) agreement about the monthly bonus?

    PS: I was a salaried employee, if that matters.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Employer Asking Me to Return (Refund) a Paycheck

    They can certainly request a return of their money. The next step would be to sue you.

  3. #3
    Join Date
    Apr 2015
    Posts
    2

    Default Re: Employer Asking Me to Return (Refund) a Paycheck

    I probably should have given more details. (sorry english is not my first language)

    I received my check for Period (March 16 - March 29).

    March 30 was our last operation day. I got paid for Mar 30th. (my montly salary is 3000, before taxes and I worked 6 days a week. So they gave me $115 for my work on Mar 30th). But I still worked on March 31 and April 1 (handing out checks and paperworks). I worked half a day for both days. and they paid me $115 for both days. and I assumed they did this because the money that I thought was my bonus. Now that I know it's not. Is it legal for them to pay me daily and half a day salary for the last 2 days I worked?

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Employer Asking Me to Return (Refund) a Paycheck

    Yes. Even an exempt employee only has to be paid for the hours s/he actually worked in the first and last weeks of employment.

    FYI, salaried and exempt and not synonyms. Salaried is only a pay method and means nothing in and of itself. It's your exempt status that matters, and it is not clear if you are exempt or not. But if you are, it's legal to pay you only for the time you worked because it was the last week of employment (see above) and if you were not, then you never have a legal expectation of being paid for time you did not work.

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