Can an employerdeduct vacation and holiday pay from afinal paycheck if it has already paid to me?

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Can an employerdeduct vacation and holiday pay from afinal paycheck if it has already paid to me?

My employer gave me 2 weeks paid vacation when I started working there. Whenever I asked for a vacation day, they gave it to me and paid me for it. Also, they gave me holiday pay on July 4th because I was bothered while on vacation. Now they have taken the vacation and holiday pay out of my final paycheck. Can they do this?

Asked on July 29, 2011 North Dakota

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have been actually paid for vacation pay that you earned, your employer most likely cannot legally take away something that you earned and were paid for unilaterally by debiting such from your final paycheck.

You should voice your complaints in written form to your employer immediately asking for the refund of the money debited from your final paycheck keeping a copy of your correspondence for future reference. If you do not receive the return of what was debited from your final pay check by a certain date by your former employer, you should go to your local labor department to discuss what happened and possibly file a complaint against the former employer.

Good luck.


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