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Vacation payout at term - Pennsylvania

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  • Vacation payout at term - Pennsylvania

    Hi. My husband left his job on June 30. He was issued his final paycheck for hours worked on July 7. He contacted HR and was told that he was due pay for 95 hours accrued vacation time as per company policy, but they had on record that he had a computer monitor and they would issue a check once he returned the monitor. He replied that the monitor was ruined in an electrical storm, and he'd been advised by the help desk to dispose of it. There is no formal tracking of equipment in this company - their knowledge of his having it in the first place was off-hand, someone said, "Oh, gee, I think he has a monitor." Likewise, there is apparantly no formal record of his being instructed to dispose of it. In any case, the value of the monitor represents a small percentage of the money my husband is owed.

    I understand that in PA, companies are only required to pay out for vacation days if that is their policy; it is so with this company. I believe we're past the drop-dead date for payment (I'm not positive how long that is, but four weeks rings a bell.) Can they legally withhold such a large amount of money over something like this?

  • #2
    It's my understanding that no such withholding can be made without prior written consent from the employee. Your husband would have had to sign off on equiptment waiver for the deduction to occur. However if your husband's former employer wishes to pursue reimbursement, it would have to seek via other means (i.e. request direct reimbursement from your husband or via civil action).

    Recently the DOL issued an opinion letter on this matter (FLSA2006-7). There determination is referring to "exempt" employees only. "Exempt" just means that the employee does NOT qualify for overtime. In their decision, DOL said that deductions cannot be made from an "exempt" employee's pay for damaged or lost equipment. Such a deduction would jeopardize the "exempt" status under FLSA. If your husband was not an "exempt" employee, this paragraph has no bearing on the answer provided.

    You are correct that enough time has passed that he should have his final paycheck. You can contact PA Labor & Industry to discuss protocol for making an unpaid wage claim.
    Last edited by robb71; 08-01-2006, 07:51 PM.


    • #3
      Thank you so much! Yes, he was an exempt employee.


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