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sgburgs
02-24-2009, 12:48 PM
I have a few questions, but a little history beforehand. My employer in PA has been having financial issues and has missed/been late on 3 payrolls (end of December, end of January, and mid-February - we are paid semi-monthly.) For the February check, we were given the option of taking a paper check on Friday, 2/13 or waiting for a direct deposit on 2/17. I needed the money, so I asked for a paper check but a pay stub was not provided.
On 2/17, those that chose direct deposit received their pay stubs so I asked for mine - I was told that I would have it on the next pay day (at the end of the month). A few minutes later, I was told that 2/17 (that same day) was my last day and they would give me severance pay. On my way out, they handed me a check, but I never signed anything. I have days that I worked that are unpaid, 2 expense checks, plus unused vacation days.
My questions:
1) How soon should he have paid for my expense reports?
2) Does he owe me my unused vacation days?
2) Should the severance check be in addition to or in lieu to my outstanding pay?
Just as a note - the severance check was for less than 1/4 of my monthly pay.
Someone, please help. Thank you.

cbg
02-24-2009, 12:52 PM
1.) Whenever the contract that requires him to pay your expenses says he has to pay it by. If there is no contract, then it's up to him when it gets paid. The law does not require that expenses be paid at all, let alone by any particular time.

2.) Only if there is a policy or past practice of paying for them. PA law does not require the unconditional payout of vacation.

3.) Severance pay is not required by law.

sgburgs
02-24-2009, 01:58 PM
1) He had verbally told the employees, that expenses would be paid within 2 weeks of them being submitted - there was no written contract. Wouldn't he have to continue honoring this verbal policy when someone is fired?

2) No written policy indicating either way was ever presented in regards to unpaid vacation. A policy book has been in the works but has yet to be completed. Am I within my rights to ask him to pay for these unpaid vacation days?

3) I understand severance pay is not legally required, but if voluntarily provided by the employer, can they claim that this is lieu of what is owed for time worked or would it be in addition to what is owed for time worked?

Please advise. Thank you.

Pattymd
02-24-2009, 02:31 PM
1. There is no law that is going to force him to.

2. A written policy is not necessary; past practice can also make policy. It can't hurt to ask the question.

3. Pay for time worked cannot be waived.

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