Can an employer use your bonus money, sick time and vacation hours as regular payroll for deductions weeks after they fired you?
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Can an employer use your bonus money, sick time and vacation hours as regular payroll for deductions weeks after they fired you?
My employer fired me on the 16the of this month. I had a bonus, sick time and vacation hours that was owed to me. Instead of cutting me a check the same day or even a day later, they are stretching it out over a 3 week period, using it to deduct medical charges that the company provides, although I’m no longer employed by them saying that they have to finish paying it for the month.
Asked on August 27, 2016 under Employment Labor Law, Oklahoma
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Actually, your employer is not required to pay for unused sick time or vacation time when your employment terminates, unless and only if there was a policy in place at the employer that they pay for these things. So if there was such a policy, they'd have to follow-it; but if there was no policy to pay out unused vacation or sick leave, they don't need to pay it at all--or alternately, could use it the way they are.
As to bonus pay, if there was a policy that you'd be paid it even if your employment terminates, they have to pay you as per that policy. But it would be legal to not pay on termination, so if there was no policy in place guarantying you this money, they again could do what they have.
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