Can employer take back vacation pay?

Discussion in 'Trucker Legal Advice' started by flashman, Nov 9, 2009.

  1. flashman

    flashman Bobtail Member

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    Nov 9, 2009
    Beloit, WI
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    My boss says if I quit my job before my 3rd year anniversary I'd have to pay back half of my vacation pay - which I already earned the year before. In other words, I have 2 weeks now. I took one week earlier this year and have another coming but if I quit before my anniversary date with this company, they said I HAVE to pay back half of the pay I rec'd for that week I already had.

    I wanted to know if that's legal. Never had a boss do such a thing. :biggrin_25510:
     
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  3. Markk9

    Markk9 "On your mark"

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    Nope shouldn't be legal, but contact your states labor department, each state has it's own rules. What did your contract say about advanced vacation?

    Mark
     
  4. chief

    chief Heavy Load Member

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    Flavor Country, NC
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    so you have 2 weeks after 2 years? and you're on your third year now? and you've taken one week, and have another one coming for completing 2 years with them. and you want to quit before you've completed 3 years? is that right? and if you quit, they want you to pay back money that you've already earned?? HUH?????

    unfortunately, these days, employers can just about get away with murder (or at least theft,) and nobody can or will do jack squat about it. first job I had, I completed 2 years and signed up for my other vacation pay week the day I quit. they gave it to me. a lot of companies would try to screw a driver out of it, and steal his last paycheck on top of that.
     
  5. kajidono

    kajidono Road Train Member

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    They can't legally take any money out of your pay (other than taxes, etc.) for anything, but it does depend on wether the labor board feels like doing anything. Sort of.
     
  6. chief

    chief Heavy Load Member

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    if you signed up for automatic deposit and agreed to let them take money out, they could empty your account.
     
  7. kajidono

    kajidono Road Train Member

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    So I'd suggest emptying it first. If they have to go through the courts to get their money, they'll lose.
     
  8. spork.man

    spork.man Light Load Member

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    The easiest thing to do is to call your bank, set up a savings account linked to your direct deposit account and then transfer the funds. Don't link them for overdraft protection, just a second account you can access from your ATM/Debit card.

    However in most cases, unless it is in an agreement, they can not withdraw funds from your account or draft any payments from your account if it is deposit-only.

    From my knowledge, if your vacation pay is "accrued", they can not take any back.

    If it is not accrued, let's say you work for 2 weeks into your third year, take 3 weeks of vacation, come back and quit - they can come back on you for the paid portion of your vacation. Typically your vacation is considered contingent on you working through the entire year. It would be pro-rated for time worked so you wouldn't have to pay back the full 3 weeks.
     
  9. david07003

    david07003 Light Load Member

    I think that the law is on your side because vacation pay is compensation and like wages, just cant be taken away. One thing that you can do is file a complaint with the state that you have been told that an illegal act will be taken place. The state will investigate. I have done this several times. The company will back off.
     
  10. Crusher

    Crusher Light Load Member

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    Some cases if you as an employee were on Leave of Absent for a good portion of the previous year and didn't work the required time to be eligible for vacation. I guess if the company didn't realize it than they can be legally able to take vacation time away. I know my wife was on Leave of Absents for 9 months one year and they took her vacation time away the next year. So she had to work an entire year to get all the vacation time back.
     
  11. 112racing

    112racing Road Train Member

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    direct deposit is a one way street

    they can put money in but can not take money out
     
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