Interesting Question..... (employee, credit, payments, unemployed)

[YAZ]

OK.

Morals are out; I know how to do the right thing....

We're talkin' legality issues here......

Paid up front for vacation time for 2010; it's gonna be direct deposited in our checking account on Friday.

I quit today.

Company policy states that vacation time is "earned", and when an employee leaves the company for ANY reason, vacation time is deducted from the "retired" employee's last check.

I.e., I will receive one week's pay this week but I would have to work through the month of June to actually "earn" it.

HR requested that I cut them a check that is "certified funds" to cover the net pay. Of course, they could have stopped payment on the direct deposit but that would be too much of a hassle for them.

So.....they want me to go to my bank and basically give 'em a cashier's check.

Keep in mind that this company has been HELL on earth to work for....


If I write them a personal check and then "stop payment" on it....what recourse would they have?

All opinions, personal experiences, and technical "know how" will be appreciated.......

[YAZ]

Y'all can let this thread die......I was just informed that the "stop payment" was issued for the direct deposit.

Kinda funny though....I was considering "f-ing" the company.

They really sucked.....with a capital "S"......

[christina0001]

You could have been taken to court over this, so be glad you didn't try to get your revenge. It wouldn't have been worth the hassle. I have a friend who had to go to court over a somewhat similar matter regarding an ex-employee.

[Irene Garcia]

You should try asking for assistance on your “State Department of Labor”, usually if there is some problem between the employer and the unemployed individual, the department tends to lean to the unemployed individual. Or better yet you should consult a lawyer since it concerns something about legality.

[DressageGirl]

It is highly unusual for a company to let an employee cash out on vacation that hasn't been earned yet. Also, usually when you agree to direct deposit you are also agreeing to let them go into your account to withdraw any overpayments. In your case, thought I realize it is different because it wasn't technically overpayment?

[YAZ]

Originally Posted by DressageGirl

It is highly unusual for a company to let an employee cash out on vacation that hasn't been earned yet. Also, usually when you agree to direct deposit you are also agreeing to let them go into your account to withdraw any overpayments. In your case, thought I realize it is different because it wasn't technically overpayment?

Historically, this company pays vacation time "up front."

Weird, I know.

They deduct in a pro-rated fashion from the last paycheck if someone leaves the company before "earned" vacation time is achieved.

And yeah, they credited my checking account then debited it right after.

[malamute]

I would suspect the company has this worked out legally ahead of time. They're not going to pay you vacation for all of 2010 in the first week.

[JS1]

I'm confused by "they pay vacation time up front"... do you mean they pay everyone vacation time at the beginning of the year? Or are you only talking about people who just quit?