You are likely right ( but people rarely contest performance charges by employer as far as I know ). Apologies. I think I need to add some disclaimers. I am not

You are likely right ( but people rarely contest performance charges by employer as far as I know ). Apologies. I think I need to add some disclaimers. I am not a lawyer. I am just a guy on the internet. There are 50 states each with their own interpretations so before you do anything, consult a lawyer ( especially now with a potential wave of layoffs if you think you were not treated fairly ).