Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

I owe money for "over used" vacation time !!!! (NJ)

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • I owe money for "over used" vacation time !!!! (NJ)

    Hi
    Long story, but trying to keep it brief
    Start date Jan 1
    Worked 1 year (2002) under the "policy" of 15 days vacation earned after 1 year.
    Took 15 days off but earned 15 back (2003)
    So I assume start of 2004 I will have 15 days in hand
    Jan 1 2004, policy changed to "prorated". All days from start date through end of year are days earned BUT they will be subtracted from time taken. So in my case 15 days off for the year minus the 15 days earned = 0 earned vacation days! This policy was not in any way clear to anyone. I am resigning at the end of June (half year) so I have earned 7.5 days by then, the problem is the company allowed me to use 10 vacation days. After vacation they were kind enough to inform me that I now owe them 2 1/2 days of vaction time because I have overused my time and it will be taken out of my final paycheck! Is this legal is of course the main question? However has anyone heard of such a thing?
    I went from earning 15 days to losing those days, in essence they were basically converted to potential days or days that I could earn (again apparently) by working through another year!
    This is pretty crappy especially when you consider a new employee that starts on Jan 1, could work 1 year w/o days off (which I did my first year) and earn 15 days for the year with the potential of 15 more. I feel like a year was taken away, meaning I worked a year where I earned no new time!
    So I gone from quitting with time on hand (not even expecting to get paid out on it, unless it was law of course) to now OWING money?
    What to do?
    Thanks alot in advance


    but anow the company is "kind enough" to advance me 15 days each year

  • #2
    Vacation

    It is confusing, isn't it? I believe that your employer is looking at the accrual and use of vacation as follows:

    You earned 15 days on January 1, 2003. You took that 15 days during the year. You ended up with 0 days earned but unused at the end of 2003.

    January 1, 2004 - Vacation pro-rated over time. By the end of 2004, you would have earned 15 days. It sounds like you took 15 days in 2004. So, you would have ended the year without any leftover time.

    January 1, 2005 through June 30, 2005 - You will have accrued 7.5 days over the first half of the year. However, you took 10 days. That is why they believe that you owe them 2.5 days.

    This is a legal practice in New Jersey. Let me know if you did not take all of the vacation that I listed above.
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

    Comment


    • #3
      Thanks for the quick reply

      If the policy was unchanged as they have all but admitted to doing which means they took my earned time away already then how come a new employee can now work a year under this without missing a day and gain 15 days earned time and then start each new year with 15 earned and 15 potential (assuming he takes 15 each year) , Thats what I have done


      start 1/1/2002
      year days used - potential (days advanced) - new earned - net earned
      2002 0 - 15 +15 +15
      2003 15 - 15 0 +15
      2004 15 - 15 0 +15
      2005 1/2 year 10 - 7.5 -2.5 +12.5

      Looks like they owe me 12.5 (according to this new policy that supposedly was always the case)
      I took no days in 2003 while I accrued time!
      worked 3.5 years so I earned 52.5 potential days (earned from day 1 prorated to end of first year)
      I missed 40 days!

      Please tell me I'm not crazy
      Also if they are "right" can they legally take the money out of my check? (or if I skip out early after a full check come after me for the rest?)

      Thanks!

      Comment


      • #4
        Vacation

        start 1/1/2002
        year days used - potential (days advanced) - new earned - net earned
        2002 0 - 15 +15 +15
        2003 15 - 15 0 +15
        2004 15 - 15 0 +15
        2005 1/2 year 10 - 7.5 -2.5 +12.5

        ----------

        This is where I see a problem in the way you are calculating the vacation. You did not earn any vacation until 2003. You used all of that vacation. As of the end of that year, you had 0 hours being carried over. As of January 1st of 2004, they started accruing vacation on a pro-rated basis. So, on July 1, 2004, you would have accrued 7.5 days. On December 31st, you would have accrued 15 days. Did you take any vacation in 2004? If you took the full amount, you would end up with 0 at the end of the year. If you took 10 days this year, they advanced you 2.5 days.

        I don't remember what state you are in. In most cases, deductions must have the prior approval of the employee. However, that is not always the case.

        Note: After I exited out of this question, I noticed that you are from NJ. NJ will require that your employer has your approval for the deduction. Often, employers will ge that approval at the time the benefit is announced to employees.
        Last edited by LConnell; 04-13-2005, 08:03 PM.
        Lillian Connell

        Forum Moderator
        www.laborlawtalk.com

        Comment


        • #5
          So how do we explain this
          I'll change numbers for simlicity
          New employee started half year 2004 took no days - he earned 7.5 days - he starting 2005 had 22.5 days (7.5 earned, 15 potential)
          He takes 15 days in 2005 he nets 0 (15 potential - 15 taken), he still has his 7.5 days right - so if he quits 1/1 2006 he walks with 7.5 days in hand

          My scenario I would not

          Thanks

          Comment


          • #6
            Scenario

            NJ does not require payment of unused vacation. Chances are that your employer will not pay that vacation regardless of whether it is owed or not.

            Your second example was:
            New employee started half year 2004 took no days - he earned 7.5 days - he starting 2005 had 22.5 days (7.5 earned, 15 potential)
            He takes 15 days in 2005 he nets 0 (15 potential - 15 taken), he still has his 7.5 days right - so if he quits 1/1 2006 he walks with 7.5 days in hand

            Are you saying that you did not take any vacation in 2004? If so, I do agree that you are being shorted unfairly. If you did take the time, I believe that the two scenarios are different. You believe that you started with the additional days. With the example you provided, the person started without any. To make the second example the same as yours, the person would take 7.5 in 2004 and 15 in 2005.

            Lillian Connell

            Forum Moderator
            www.laborlawtalk.com

            Comment


            • #7
              Thanks again
              I am not expecting to be paid for unused vacation, I just don't understand, nor am I sure legally, them taking the days I supposedly owe them out of my check.
              1) If I owed the "days" would I be obligated to pay? We received a memo "clarifying this matter" and stating that employees would owe the company the money and that this was always policy
              2) Any employee with earned time, what course should they take in regards to regaining that earned time that was clearly erased? This is assuming the policy was always like this as they claimed

              By the way, I took no time my very first year (2002) meaning I went into the next year with 15 earned (because I took none), then I took 15 in 2003 & 2004 + 10 more this year.
              So in 3.5 years (52.5 earned days)
              I have missed 40 days (0,15,15,10)
              they are treating it like 55 missed

              Thanks!

              Comment


              • #8
                NJ Missing Vacation

                My suggestion is that you contact the state. According to NJ's website:
                Q. What do I do if my employer did not pay me all the money I am owed?

                A. You can file a Wage Complaint form (MW-31A) for monies due. Click here to obtain a copy of this form or contact the Division of Wage and Hour Compliance at (609) 292-2337. Once completed the form should be mailed to the address listed at the top of the form.

                Lillian Connell

                Forum Moderator
                www.laborlawtalk.com

                Comment

                The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
                Working...
                X