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Boss reducing my pay to make up for going over allowed time off. Virginia

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  • Boss reducing my pay to make up for going over allowed time off. Virginia

    I have already contacted the State and they said I should consult an attorney. They didn't say whether or not my boss can actually do this to me.

    I'll start by saying I have a stingy boss. I work for a very small company (he doesn't even offer benefits. I am lucky to be insured under hubby's insurance). After a recent hospital stay, and prior to some pre-arranged time off, he told me that it was going to put me in the negative for time off. I should also note that I am hourly. We do not keep time cards. Therefore, it's not really easy to keep track of time off. I try to write it on the calendar, but I don't tally it up. Anyway...he apparently keeps a spreadsheet. Based on the number of hours I was in the hole, I hit negative status while i was in the hospital. I know, my fault for not keeping track. He continued to pay me as usual while I was negative time off. A few weeks later, he told me that they were reducing my pay by 16 hours for the next few pay checks. I don't like the idea of working and not getting a full paycheck.

    I did a little checking into the VA labor laws and found that an employer can't reduce your pay, except for taxes or garnishment, without your written consent. I didn't sign anything agreeing to his reduction.

    I decided to post here first rather than go straight to an attorney because I can't really afford one. Since Virginia is an at-will state, I'd probably lose my job anyway if I brought this up. I hope someone out there has an answer for me!

  • #2
    You aren't working for free you were overpaid while you were off work and your employer is correcting the situation. No matter what, they are entitled to recoup the overpayment. If you disagree with spreading it out over several pay periods, suggest a method you prefer such as writing a check for the whole amount. Frankly, I'd be happy they continued paying the full salary while you were in the hospital and are willing to recoup those funds slowly now that you are back at work. It isn't the sign of a stingy boss, it is the sign of one who is trying to work out the repayment schedule with the least impact for you.

    I'd suggest in the future keeping track of the number of days off. A Post-it note with tally marks works just fine.
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