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View Full Version : Filing a complaint District of Columbia


jayrae
08-08-2006, 07:33 AM
What is the best way to file a formal complaint against an employer for an improper salary deduction? Here is my issue:

I worked for an university in the District of Columbia that had a leave policy whereby each exempt employee received 20 days of general leave at the beginning of each calendar year. The leave had to be used by the end of the year, or it would be forfeited.

When I left the University, some money was deducted from my paycheck, because they said I used more leave than I had accrued. However, none of the University publications or the Web site indicate that leave is accrued. Everything says that employees receive a certain amount each year to be used by the end of the year. In addition, even if the policy had been changed officially, the amount of leave I apparently went over was less than a full day's worth. My understanding is that for exempt employees, payroll deductions can only be made for full day absences.

In addition to the payroll deduction, the University also took too long to issue my final paycheck. My understanding is that DC law requires that employers submit final paychecks within a week after the employee has resigned. My final paycheck was not issued for two weeks.

Would someone be able to please tell me the best way to go about filing a complaint? In addition, would I need to go through the DC Department of Employment Services or the US Department of Labor? Thanks in advance for your help.

ElleMD
08-08-2006, 08:59 AM
You can find the info you are looking for here http://does.dc.gov/does/cwp/view,a,1234,q,539416.asp

Bear in mind that if you are in a union, your CBA may provide otherwise. I do know that at least some of the universities in DC are unionized.

jayrae
08-08-2006, 11:21 AM
Thanks for the information. I tried calling the DC Dept. of Employment Services, but they informed me that they only assist non-exempt employees. They told me that my only avenue would be small claims court. That seems a bit extreme (at least at the moment), so in the meantime, I've left a message with my district DOL office for assistance.

ElleMD
08-08-2006, 11:41 AM
I'd try calling back and speaking to someone else or just file a claim. I've never heard of such a thing as only enforcing the laws for nonexempt employees. I have however, run into more than my fair share of front line folks at agencies that have no clue.

Marketeer
08-14-2006, 04:28 PM
I would also suggest trying to escalate to a supervisor there or contact the mayor's office. I was once told by the same division of the DC government that I couldn't file a workers comp claim after being injured on the job because my health insurance had taken care of the initial hospital visit, which is dead wrong.

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