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  1. #1
    Join Date
    Sep 2009
    Location
    Ohio
    Posts
    7

    Default Bonus Withheld After Termination

    My question involves labor and employment law for the state of: ohio
    I was a salaried retail manager. I was questioned about actions that I performed one day at work. I processed a transaction for a family member. Which was where I broke the company policy. After being questioned by the company's investigator they terminated me. A few weeks later they filed a restitution lawsuit for $ to recover form loss. This means they are accusing me of stealing? Now they are withholding a few thousand dollar bonus check. I know the rules are you have to be employeed to a certain date and I made the day plus 2 weeks. I believe they are withholding since it was a "theft" case. I admitted to changing the price on the product which was defective and damadged. I did not lower the price any lower then customers would get. Also, they did not question any other manager I work with to even see if that was a normal price discount. Please I need help!

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Do I Have a Chance

    Do you have a chance....at what?

  3. #3
    Join Date
    Sep 2009
    Location
    Ohio
    Posts
    7

    Default Re: Do I Have a Chance

    Do i have a chance to prove that I did not steal that it was only a mis-use of manager discount card and keep from paying restitution and possibly fighting to get bonus check.

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

    Default Re: Do I Have a Chance

    How would we know? We don't have any idea what kind of evidence they have.

  5. #5
    Join Date
    Sep 2009
    Location
    Ohio
    Posts
    7

    Default Re: Do I Have a Chance

    the only evidence they have is a video of me processing the transaction. and using my override card for the discount. I am friends with all of the managers and they would have told me if they were questioned. In my mind I could prove that the discount given was legitamite and normal. The reason I believe they are saying "theft" is the district staff came in and looked at the product and they thought it was too low. But these are the same people two weeks later that will be all over you for having to many of the units I sold and pressure us to sell as fast as possible. So I should be able to prove that in a court of law?

  6. #6
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Bonus Withheld After Termination

    What court of law? Have charges been filed against you?

  7. #7
    Join Date
    Sep 2009
    Location
    Ohio
    Posts
    7

    Default Re: Bonus Withheld After Termination

    They sent a letter stating you are required to pay X $ amount for recovery. If you do not set up payment within 30 days your employment company may proceed with civil lawsuit against you. I am also asking should I or is it recommended to bring a lawsuit againts them for keeping my bonus and not giving to me. I believe I would have received it if they terminated me for breaking the policy of using override card. But since they terminated because of "theft" that is why they withheld.

  8. #8
    Join Date
    Aug 2006
    Posts
    563

    Default Re: Bonus Withheld After Termination

    they may be considering the discounted amount as a petty theft
    for example if they sold some thing for 20.00 and you gave a discount down to 15.00. then you just stole 5.00.

    you may have received a civil demand and not a lawsuit at this time. but thy may sue you if you don't pay the civil notice

    maybe...maybe...ask them to trade the bounus for the civil demand?

  9. #9
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Bonus Withheld After Termination

    Without a written guarantee that rises to the level of an enforceable contractual obligation, you would have an uphill battle prevailing in a law suit for the bonus.

  10. #10
    Join Date
    Sep 2009
    Location
    Ohio
    Posts
    7

    Default Re: Bonus Withheld After Termination

    Even if I can prove through other managers from the store that what I sold the items for was what we normal would sell to a paying customer? Doesn't that prove innocence in the since of petty theft?

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