I need legal advice about a job I recently resigned from...?

Question

I just ended my job last Friday, having given two weeks notice and everything in the proper manner. When I went to pick up my final paycheck today, my boss told me that he was only paying me for two days, rather than the five that I physically worked, during my last week there. He said this is because I took three days of vacation back a few months ago, which in his eyes were not earned because I had only been there 6 months.
My question: Is this legal? It is a small business, with only 2 employees. The vacation period of 5 days was granted for the first year of employment. There was no stipulation as to how long you had to be employed by him to recieve the vacation pay. After my vacation of three days, I was paid, no questions asked, and he did not object to my paid vacation at the time when I asked. I do not find this fair.

No, I do not need the money, I just do not think it is right that he did this to me. Also, I only used 3 vacation days, not the full 5.

Answer 1

Your ex-boss is an @ss, which is why you quit I assume. Forget legal -- it's just one of life's lessons and someday you may be in a position to exact some revenge. I'm a Christian but in some weird sort of way I really do believe in karma. Anyone that acts like a jerk gets his as time goes by -- seen it a hundred times.
Many, many times in life it's the failures we endure that teach us the most. Example: I'll wager you will have vacation rules, exit rules and working enviroment rules in writing with your next job, eh? Can't get that kind of training in college.
PS - you worked for a small business, America is not a police state that governs every aspect of business and a lawyer will cost you more than three days pay. Go in peace.....(and be happy when he gets sued fo $175,000.00 by some jerk lawyer that slips and falls in his store!)

Answer 2

Typically, paid vacation days are given AFTER employment for a certain amount of time. If you are employed less than the required amount of time, you may take vacation days but they might not be paid. If you boss pays you for the vacation days (try to find paycheck stubs) and it's on paper somewhere that you recieved *paid* vacation days, your boss can not suddenly change his mind and say he shouldn't have paid you and keep three days of pay from you.

I would contact your local Division of Labor or a lawyer to find out specifics.

Answer 3

You're right, it's not fair, and you can get the proof to show to him. In texas where I live, it is illegal to deny pay for any reason. We have a government office called the Texas Workforce Commission, and you should have one too, whatever state you live in.
Vacation days and vacation pay are given after a year of work. Look at it as kind of a reward.. You worked a year, you are entitled to this vacation/vacation pay. That is stipulated in your formar employer's OWN POLICIES, and it cannot be retracted. Further, In texas, I know htat pay can only be docked if they have your consent in writing, or if they are following a court order (child support, or it if is what you owe the government (taxes. I am sure that your state has similar laws. Find your labor office, and take him to court.

Answer 4

Vacation is generally an accrual of time -- based on a years worth of work -- so if you have not been there an entire year, yet took vacation, he is probably in his legal rights. I work in a company with about 60 employees and that's their policy. (For example, if I took all three of my week vacations at the beginning of a new year, and quit a couple of weeks later, I may be asked to pay back that time.... ) the more you work though, the more you accrue.

Answer 5

Even though this is a small company is there an employee manual? What ever is outlined in your employment contract or employee manual should dictate how the vacation time should be handled. There are also different employment laws that vary greatly from state to state. Check with your local employment board or employment division to see what is allowed in your state.

Answer 6

Based on the information given here, it would seem that you are entitled to the 3-day pay. Check your contract to see whether you are allowed that 5-day paid vacation period, and if so, contact a solicitor to get them to send a Letter of Demand to your employer asking for the payment of the 3 day's pay (as well as your costs).

Answer 7

He is right. It is legal. You owe him for the days not earned but paid to you, though if it was six months I would see that as two and a half days and not three days you owed him for. Benefits are solely based on time worked and he was under no obligation to give you the full five days for only half a year as you explained it. All he did was prorate your benefits accordingly. That is legal.

Answer 8

Ask to see the policy that states that. If there is no policy, then I think that you can really have a legitimate beef about that. If that is standard practice, then you are out of luck.

Speak to a lawyer. Typically, they will give you a free counseltation, so you can find out if it is truly legal.

Or just see if coragryph answers. Being a lawyer and all, he might know something about the law.

Answer 9

you do not need legal advice. you need common sense advice. you earned 2 and a half days vacation for 6 months of work...so you can make an argument that he owes you four hours pay. what are we talking about fifty bucks. if you really and truly need the money maybe you shouldn't have quit!!!!!

Answer 10

I think this is a trend of some small business owners,,,, employees in this type of situation have little recourse,,, without something in writing....... in which case,, then,, small claims court...