Can an employer change acrued PTO and Sick time that differs from my pay stub?

UPDATED: Oct 1, 2022

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Can an employer change acrued PTO and Sick time that differs from my pay stub?

I quit a job with a formal one month notice only 2 weeks was required in
November 2018. My last paystub shows I had 25 hours of vacation time acrued that
they were supposed to pay out to me per our company handbook. After two months of
not receiving the payout I have now been told the computer system that calculates
hours was incorrect and I was ‘in the hole 300 hours’. I requested a physical
audit and was told an audit was done and I was found to not be 300 hours in the
hole but only 180. I have requested a copy of all check stubs and time sheets so
i can do a proper physical audit myself. What action can i take to quicken this

Asked on January 31, 2019 under Employment Labor Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

An employer can correct a mistake in the records or paperwork: the fact that your last paystub showed a certain number of vacation hours does not guaranty you those hours. The employer may look back over your time sheets and prior paystubs to see how many hours you did or did not have. You are only entitled to the correct number of hours.
They are not obligated to provide this material to you unless and only if you sue them (e.g. for the hours you believe you are entitled). In the lawsuit, there are mechanisms (called "discovery"), such as document production requests or written interrogatories (questions), to compel them to provide this material to you. But those mechanisms are only available in litigation, which means, unfortunately, you have to sue before you whether you are in fact owed anything.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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