This is a legal questions for HR/Lawyers (employee, payment, employer)
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This goes back a few weeks as I am on week 3 of my new job. My last employer required a 4 week notice inorder to be paid vacation time. Knowing this I cashed out my time about 8 weeks ago since I knew I was going to find a new job. When I resigned I had 6 days left, I knew I would not be paid for them. I made the decision to call out using my 2 personal days on Monday and Tuesday Sept 12th and 13th. I handed in my 2 weeks (well 1 week and 3 days) on Wed Sept 14th. My final check was short 4 days pays. Payroll screwed up and I will be getting 2 days of pay on Friday. They are refusing to pay me for the 12th and 13th.
Question
I used my 2 personal days on Sept 12th and 13th and then resigned on the 14th. They are refusing to pay me for those days. At the time I took off I was a good standing employee. Can they legally not pay me for those days? I had 2 personal 3 vacation and 1 sick day. I know calling out 2 days then resinging wasn't the rite thing to do. But rite/wrong and legal are to different things.
*** In case it matters this is in NY *******
Last edited by mustardandcustard; 10-09-2011 at 09:32 PM..
Reason: additional info
As so far as I have experienced, the answer is no they don't owe. Since vacation days and sick days are given by an employer to an employee at their sole discretion, I doubt their is a law that would require them to payout anything in regards to them. Sorry I don't have a better answer. If you are not convinced of the answer I am giving you and ultimately others online I would suggest you call up your state labor board to get an official confirmation to put your mind at ease.
From what I understand from the post, the OP used 2 vacation days prior to resigning. Then went back to work for another week & 3 days. There is no reason why they should not pay you for days you rightfully used.
Read your employee handbook. It probably has some terms of use re personal days that you violated, thereby forfeiting payment for the same.
I found my copy of the employee handbook. i am entitled to the pay since i used personal days before my resignation. I was told by a former co worker I am not going getting paid due to a an order of my former boss. This person also printed out the current company policy on there letter head dated today for me. Since I truly hate my old place of work, I am going to sue them for the 2 days. If they didn't mistreat people I would let the days go, i'm making 23k more at my new job. I'm sorry laying 23 people off then approving the purchase of 12 ipads w/ data plans and 19 iphones for board and executives is just wrong. I
Threaten them with legal action if they don't pay what you are owed according to their own written policy. They will fold faster than a Hallmark card at the mere mention of "legal action."
Threaten them with legal action if they don't pay what you are owed according to their own written policy. They will fold faster than a Hallmark card at the mere mention of "legal action."
They don't care, i told the head of HR and Director of payroll if the 16 hours are not on my check Friday i will be filing a claim in Manhattan small claims court. They think i'm joking. They are funded by the state/local/fed gov. They feel if i go to court there political connections will throw my case out. My friedn who is a lawyer just got back to me. He advised i sue for my 2 days and extra since my case is so strong. His exact words "According to there policy, they legally have to pay you and they know it"
Well when you call their bluff they'll know you are not joking, won't they? File a claim with your state's labor board ASAP. I had to do that once to get a paycheck owed me by a deadbeat company that didn't make regular payroll (on time). Oh I got my missing paycheck alright. The Government has lawyers that will go after them.
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