Can employees utilize this remedy?
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Can employees utilize this remedy?
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Originally Posted by steel_g
Assuming you mean Refusal for Cause in the title of your thread - Yes.
However, you are in a binding contract as an employee. The good side is that your employer has agreed to pay you among other things.
Refusal for Cause is best retained for new presentments and annoying novations. It may not function if you are trying to get out of an extant contract agreement. The reason it overrides previous 1040 Form agreements is that you are now showing you discovered the remedy that was hidden - fraud by omission. It is probably just quieter to refund your withholdings. A soldier in active service might find Payroll quite a bit more upset than WalMart for example if you want to redeem on the electronic Direct Deposit form.
R4C though would be good if the employer announced a pay cut. That would be a novation. However I would only try it if the pay cut meant you were going to be quitting anyway because you would probably protect your pay level until the next layoffs - when you would certainly be on the top of that list.