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Vacation pay back required , for fired employee Wisconsin

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  • Vacation pay back required , for fired employee Wisconsin

    My question is , I have an employee that I just had terminated. However the employee has taken a large amount of vacation prior to being terminated. The vacation with in our company is accrued though out the year. My question is, is it possible to make the ex employee pay back the vacation not earned. Also if the ex employee does not pay it back may i tell other employers that he has committed "time fraud"?

    Additional what is the legal reason for this?

    Thank you

  • #2
    More infromation: about situation

    One more update regarding this situation.
    Under a normal situation, we would deduct the vacation days from the employees last pay check, however this given employee has timed his leave so that he was able to collect his pay check with out us being able to deduct the given wages from his last pay check. What are our possible solutions to this situation?

    Thank you again.


    • #3
      Unless you had him sign something that he owed those wages back if he quit (in essence it was a payday advance) you are out of luck.
      In the future I'd suggest either getting them to sign something that it is a payroll advance and subject to repayment (please get legal cousel to help you draft this) or not allow employees to use time they have not yet earned.
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


      • #4
        We currently have a statement in our hand book.

        The employee hand book currently states that if the employee leaves our company we will take out the given amount out of there last pay check. However this employee worked it out some how so that he was able to receive his last pay check before we were able to deduct the vacation (that he did not earn) out of his last pay check.

        Thanks again for the help.


        • #5
          For exempt employees, this policy may be problematic. Robb71 has the new federal law regarding this situation. Hopefully, he'll be by soon.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


          • #6
            How would this policy be problomatic?

            How would this policy be problomatic?