What to do if I gave my 2 week notice a week ago and today was payday but my employer deducted last year’s earned vacation pay?

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What to do if I gave my 2 week notice a week ago and today was payday but my employer deducted last year’s earned vacation pay?

Can they legally do that? According to my handbook my vacation pay is pre-earned not paid in advance. What should I do I need my paycheck?

Asked on April 2, 2012 under Employment Labor Law, North Dakota

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You are smart to have carefully have read your employer employee handbook in that my experience is that vacation time accrues for an employee at a rate of so much time off with pay per each month of work actually worked. I would have a meeting with your employer asking for clarification why earned vacation time was debited from your recent pay check.

If his/her explanation does not make sense and you are not given what you believe you earned, your option is to consult with an attorney who practices in the area of employment law and/or consult with your local department of labor.


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