Howyadoin,

My company provided me with an advance on expenses for a business trip. I never signed any controlling document, there's nothing in our employee handbook regarding advance expenses, and the advance was provided in the form of a company check. This check was issued on 6/10/08.

I returned from my trip on 6/18/08, and submitted my expenses 7/9/08. I only used approximately 1/2 of the advanced amount. The company wants to deduct the unused balance from my next paycheck (salaried employee-at-will) as one lump sum. The pay date in question is 7/15/08

Is there any law that specifies when advance payments are due, and is it legal for them to deduct them from my payroll check? I'm not trying to stiff the company, but the amount is a fairly large sum to get zapped out of my check. I want to pay them with my own check on 8/1/08.

Thanks,

-Mark

If you were advanced the money and didnt use it, why dont you just offer to write them a check?

the amount is a fairly large sum to get zapped out of my check.

Not really, since you already received the money.

The company should have had some sort of arrangement for you to repay any unused portion of the advance (such as immediately).

I have no idea what Mass laws are about this, but I would be really unhappy with an employee that got advance travel, documented the use of half of it and insisted that he did not need to pay it back in a timely manner.

I suppose we should ask if the OP is an exempt employee.

Good point. Do you normally receive OT if you work more than 40 hours in a week?

Good point. Do you normally receive OT if you work more than 40 hours in a week?

Nope, I'm exempt...

I have no idea what Mass laws are about this, but I would be really unhappy with an employee that got advance travel, documented the use of half of it and insisted that he did not need to pay it back in a timely manner.

I don't think an additional 2 weeks is unreasonable, but that's not the question at hand, is it?

The question is whether there is a standard time period within which advances have to be paid in the absence of a specific agreement, and whether a payroll deduction is legal, again in absence of any specific agreement.

Thanks,

-Mark

The real issue is that you have not written a check for the unused advance. I don't understand why you just don't do that. Then the whole "legal or illegal" problem goes away. The fact that you didn't sign something when you got the advance doesn't mean you get to keep it until it's convenient for you to repay what you didn't use.