Is this legal

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is this legal

I work for a accounts office..my dad was
dying last year with cancer which he now
has passed.i had to take time off from
my job in his last days.my employer told
me he understood my position and to take
the time i needed.now 5 months later I’m
being told I owe him for that time
although he paid me during that time and
they want the time back .basically I’m
going to be docked for the time i was
given.Is this legal?.

Asked on January 7, 2019 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If they told you that you would be paid for the time and you only took the time after being told that, they cannot charge you for it now: you reasonably relied to your detriment on their promise, and such "detrimental reliance" can support "promissory estoppel," or them being held to what they promised and you relied on.
But that's only if you can show that they affirmatively told you that you would be paid. There is no inherent right in the U.S. to paid time off for family emergencies, unless you use paid time off (PTO) you earned for it; even FMLA leave, for example, is unpaid. If you were merely told that you could take the time without losing your job--since you can be fired for missing work even for a death in the family, without using PTO or FMLA--then you would have to repay the time, since in this case, they only promised you that you could have time off--not that you'd have unpaid time off. They may have paid you then either as an oversight or a courtesy, but if that was not what you were promised, you have to repay the pay to which you were not in fact entitled.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption