If I lost my vacation time due to a payroll department error, what can I do?

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If I lost my vacation time due to a payroll department error, what can I do?

I was paid but the time is all gone. Payroll says nothing can be done.

Asked on May 22, 2011 under Employment Labor Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can be given the time you are owed--an error, even if the payroll deparment doesn't want to deal with fixing it (or doesn't want to admit it to upper management) does NOT entitle the company to not pay you the compensation, including vacation time, you have earned. There is nothing in the law saying that errors absolve employers of responsibility to pay the agreed upon compensation. You worked for that vacation time; it is yours. You may wish to  start by going over payroll's head to upper management; if that doesn't work, you could, if necessary, even bring a legal action to recover that time. If you are owed  vacation time for the work you did,  it is part of your compensation as surely as your paycheck is--and you are as entitled to it as you are entitled to your check. Good luci.


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