If I resigned from my position and was told that my vacation time would be prorated, however I have already used this time for the year, can they take any of that time used off my final check?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I resigned from my position and was told that my vacation time would be prorated, however I have already used this time for the year, can they take any of that time used off my final check?
I just don’t understand how that could possibly be legal.
Asked on August 12, 2016 under Employment Labor Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Yes, it is legal. You earn vacation time over time; that said, companies often let you "borrow" time you have not earned yet, but letting you use most or all of your vacation before you have earned it by days/weeks worked. If that is the case--if you were allowed to take time you had not yet earned--the company can recover that money from you. You are not actually out anything: you were paid for days you did not work when you should have been paid. Therefore, you are not really losing anything if they recoup this money.
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.