Can employer take back vacation pay?

Its also a fact that a schlock employer can do any #### thing he wants to... until a court tells him otherwise.

 

But so can you. :smt077

 

yes it is legal, a lot of employers do it, but there is a qualifier here.

If you get three weeks vacation each 12 mo. period and you don't take any of it, then quit after 9 mos. then they cannot hold that monies from you. However, they are required to pay you as part of a severance (unless you have an employment agreement that states otherwise) any unused vacation time when you quit.

However, let's say you get three weeks vacation and take all 3 of it 4 months into the year. Then on the ninth month you quit. Granted you earned the money, but you did not work the entire year to earn the pay for it, and the company can deduct from your final check any money the believe is owed. However, if you dispute it with the labor board, they will have to justify it.

My employer does this. After 1yr you got 1 week vaction, after 4 yrs you got 2wks, and after 8 yrs you got 3 wks. They then break the yr down into thirds. If you take all three weeks during the first 1/3 of the year, then quit in the final third, they will then break the 40hrs down by 4 mos. to determine how many hours is held back. So if you take all three weeks in April, then quit in Nov., they will withhold 10hrs to 10.5 hrs or the equivalent thereof from your final check. They have been sued for this twice and won both times. Employers do have a right to withhold like this.