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False accusations, Employer's ability to sue former employee, and Employer's ability to change a signed agreement.

My former employer terminated me for "integrity" reasons. I was told that I was caught on camera instructing another associate to sell a piece of merchandise valued at about $400 for $60. When questioned, I explained that I did not purposely instruct the associate to do so, but that I mistakenly left the wrong price tag with the merchandise. The other associate claimed that I verbally told her that was the price tag, but I didn't. When I realized my error the customer was gone and I assumed that the associate would have had the sense to know that the tag left was obviously not meant for such an obviously expensive device. Nonetheless, I was terminated but only after being asked to sign an agreement saying that I would pay back money lost for the merchandise, $455. I signed because I thought I was going to be able to keep my job by doing so. The agreement stated that I would pay $20 a month for $24 months until the entire amount was paid. Once I was fired I told that I would be sent a letter stating where I could send my payments. Instead of receiving that letter I received a letter from their attorney saying that I now had to pay $805 or make arrangements to pay that amount within 30 days. I responded with a letter stating that I had already signed and agreement and would be willing to continue with the original agreement. Their response to me was another letter this time asking for $1,230 and explaining that I had 20 days to pay that amount in full or make arrangements to do so. I then called their office inquiring about the initial agreement that I had signed. I was told that my former employer had decided to do away with that agreement in order to be repaid sooner, and thus the case had been turned over to their lawyers. I was also told that if I cannot pay the amount or refuse to then I could be sued. I don't have that kind of money or the means to make payments any time soon. I only have a seasonal job that will end in january, and I only work about twelve hours a week barely making $100. Plus, I have other debt and bills and I'm expecting a child in february. What can I do?

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Attorney answers (1)

Reputation Level 10
You need advice from a GA attorney but here are some general comments.

It sounds like you signed a written payment plan. I would write a letter politely explaining that you expect both sides to honor that agreement and perhaps enclose the first $20.00 payment. You can write "1 of 24" on the check and see if its cashed.

You want to create a record of your reasonable efforts to abide by the written agreement. The letters can be firm but should be polite and professional.

You should carefully review the terms of that payment plan. Does it say that whole amount is due and payable if you miss one payment? Does it say that employer may add attorneys fees and costs of collection? If so, do not miss a payment. Does it say that the prevailing party in any dispute gets attorney fees? If so, it may be easier to find an attorney able to help you.

There is also the question whether you were even legally required to pay for merchandise in the first place. This may require review of any pay back policy set forth in any employee manual or other material (although it sounds like maybe you worked past this and decided to honor your agreement regardless).

It can be difficult to find an attorney willing to get involved in this kind of dispute but you have a compelling story and I hope it works out for you.

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