I've resigned from my job before my anniversary date. My employer has told me I will owe her back money for vacation and sick time I've taken before my anniversary date.
My employment contract did state that all vacation/sick time is given on a yearly basis and if I quit before that year is up I will owe back the time.
There's no way around it---I'm given five days off the bat at the start of the year....no accrued time or percentages.....and it is to be used before the year is up or you lose it.
None of this seems legal to me? Wouldn't I be vested into these days by how much I have worked at the company? So I'm more then 6 months into my anniversary date - wouldn't I have at least earned part of my days.
I think that she will also say I owe her back money she's put into my insurance premium and HSA as well.
Can she actually ask me to write her a check for money owed? Can she take more then just my final paycheck?
Any help would be appreciated.
2007-06-20 17:19:25 · 7 answers · asked by mt 2 in Business & Finance ➔ Careers & Employment ➔ Law & Legal
I had a company do this to me once. I called the Labor Standards Division because they kept my last paycheck. Long story short.... they had to give me back my money and they lost.
2007-06-28 11:02:14 · answer #1 · answered by Stu 3 · 0⤊ 0⤋
If you have a contract that says that you owe back the vacation and sick time if you quit before a year, then you owe it back - doesn't sound like there's anything there that says you get half of it if you stay for at least six months.
What about this doesn't seem legal? An employer isn't required to give you ANY benefits, so if they do, they can set the conditions.
What if anything does your contract say about the insurance premium and HSA? If it says you don't get it unless you stay a year, then you'd owe that back also.
And yes, they can require that you pay it back even if it's more than your final paycheck, and can sue you for it if you don't pay. The contract defines the rules.
2007-06-20 17:35:41 · answer #2 · answered by Judy 7 · 0⤊ 0⤋
You may have earned some holiday time and will owe the balance between what you have accrued and earned and she can take this from your final pay check.
re HSA payments, that depends on your contract.
If money is very tight perhaps you could just talk to her about the situation, there may be a way you can resolve the situation amicably.
2007-06-28 10:32:16 · answer #3 · answered by Anonymous · 0⤊ 0⤋
If your contract says you have to pay it back -- then you will have to pay it back. HOWEVER, you don't have to write a check. This can be simply be set-off from your pay check. Your employer cannot ask beyond your pay to receive. The law allows you sick leave and vacation leaves -- and if you use it, it is your right. If your employer puts conditions on it, as long as it is within the bounds of law, then it is fine. It is however contrary to good norms for employers to ask for "pay" for used sick leaves.
2007-06-20 23:55:52 · answer #4 · answered by princess r 1 · 0⤊ 0⤋
In general your sick leave cannot be reclaimed. Other benefits you have enjoyed shall be pro rated to the period of service you have provided to the company. They cannot claim hundred percent of the benefits. Sick leave granted cannot be paid back. Medical bills reimbursed cannot be paid back. Your vacation expenses shall be prorated and recovered from your salary payable or they can claim. It is not necessary that you will not be relieved. They cannot exercise any coercion for you to pay before you are relieved
2007-06-28 14:21:12 · answer #5 · answered by Srinivasan M 3 · 0⤊ 0⤋
You signed a contract and have to live with it. You should have waited until your year was up.
2007-06-25 09:00:22 · answer #6 · answered by merrybodner 6 · 0⤊ 0⤋
im a employer by law they can not ask you to pay that time back even if you quit and didnt take it they would have to pay you that time
2007-06-20 17:29:36 · answer #7 · answered by Anonymous · 1⤊ 1⤋