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Final Paycheck deductions

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chickenndumplin

Junior Member
What is the name of your state (only U.S. law)? California

I worked for a very small company until Tuesday of last week, may 14th. Myself and the only other employee quit due to the owners erratic behavior, mood swings and unpredictability. I've worked for her for almost 2 years and beginning January 1st of this year, she started a vacation plan where we would get 5 pto days per year (accrued).

In February of this year, I took a 2 week vacation and she said at a morning meeting (2 witnesses present) that she would pay me for 1 week but not the second week, but I could not take anymore time of this year, I verbally said that this was fair, nothing else was said about the vacation and I was paid for 1 week but not the second.

After quitting last week , I received my final paycheck in a timely manner however, she deducted the vacation time she paid me for minus what I had accrued to that point. I worked for 52 hours on the final paycheck and my gross pay turned out to be $7.46/hr due to her recouping the vacation time. I've emailed her that this was not correct and asked for the remainder of the paycheck she owes me, I have not heard back from her and this was last Friday.

The other employee who quit had a similar situation. She had taken 3 days off in march and the employer took those days off of her final paycheck. She emailed her requesting the balance and the boss responded stating she checked with "someone" and was told she could take the unaccredited used vacation from her final check.

There's another issue that I have. I was on salary at $15/hr. I didn't punch a time clock nor were any records kept. For 6 months, I was required to answer emails on Saturdays and Sundays from home on my personal computer, I was not paid for this. After researching info on salaried employees, I found that I was not an exempt employee and as such, should have been paid overtime for doing this. The hours totaled approximately 24 hours for the 6 month period, would there be anyway to recoup this?
 


Zigner

Senior Member, Non-Attorney
Check this page out: http://www.dir.ca.gov/dlse/faq_overtime.htm

Scroll down to number 12 where is describes how to file a wage claim. You would also speak to these folks about the improper deduction from your check (this sort of deduction would have had to have been agreed to by you in writing.)
 

chickenndumplin

Junior Member
Thx for the link, I can clearly see that she is not able to subtract the vacation time from this link as well as she had me classified as an exempt salaried employee when I wasn't due to only making $15/hr.

The other employee who quit did not work on weekends but was constantly interrupted during her lunches to help out in the store and. All the breaks we took were with the boss, who always discussed business, so technically, they were not breaks. Again, she has no record of our breaks, lunches or what hours we worked.

On April 14th of this year, she laid off a 60 year old employee and did not pay her for ANY vacation time nor did she even mention it. The week prior to being laid off, the bosses daughter was fired from her job and the day after she let this other employee go, she had her 22 year old daughter come in and do her job for $2/hr less than she paid the 60 year old. Would this be discrimination?

Should all 3 of us contact an employment attorney or should we just go through the labor board?

This ex-boss also just posted on her business and personal Facebook page that she is shutting down her business and hopes to have everything sold by mid-June. Could she be liquidating the business in such an abrupt manner for a reason??? She had no business debt and was doing very well up until this point.
 

TheGeekess

Keeper of the Kraken
Thx for the link, I can clearly see that she is not able to subtract the vacation time from this link as well as she had me classified as an exempt salaried employee when I wasn't due to only making $15/hr.

The other employee who quit did not work on weekends but was constantly interrupted during her lunches to help out in the store and. All the breaks we took were with the boss, who always discussed business, so technically, they were not breaks. Again, she has no record of our breaks, lunches or what hours we worked.

On April 14th of this year, she laid off a 60 year old employee and did not pay her for ANY vacation time nor did she even mention it. The week prior to being laid off, the bosses daughter was fired from her job and the day after she let this other employee go, she had her 22 year old daughter come in and do her job for $2/hr less than she paid the 60 year old. Would this be discrimination?

Should all 3 of us contact an employment attorney or should we just go through the labor board?

This ex-boss also just posted on her business and personal Facebook page that she is shutting down her business and hopes to have everything sold by mid-June. Could she be liquidating the business in such an abrupt manner for a reason??? She had no business debt and was doing very well up until this point.
Yeah, a little bill that passed against the will of the people called Obamacare. :cool:
 

swalsh411

Senior Member
I'm not giving an opinion on something you heard second hand. Have those people (who know all the details) post their own question, or send them the above link.

How she handles closing her business is not your concern.
 

OHRoadwarrior

Senior Member
So you do not expect to pay back vacation time that was advanced? It was apparently paid on the expectation you would work the year, which you failed to do. It sounds like you agreed to the terms when you accepted the pay earlier in the year.
 

Zigner

Senior Member, Non-Attorney
So you do not expect to pay back vacation time that was advanced? It was apparently paid on the expectation you would work the year, which you failed to do. It sounds like you agreed to the terms when you accepted the pay earlier in the year.
I don't disagree with that. However, state law is clear that the employer may not unilaterally deduct such amounts.
 

swalsh411

Senior Member
So you do not expect to pay back vacation time that was advanced? It was apparently paid on the expectation you would work the year, which you failed to do. It sounds like you agreed to the terms when you accepted the pay earlier in the year.
That's not how it works.
 

chickenndumplin

Junior Member
So you do not expect to pay back vacation time that was advanced? It was apparently paid on the expectation you would work the year, which you failed to do. It sounds like you agreed to the terms when you accepted the pay earlier in the year.
Apparently I misunderstood as did the 2 other employees when she said she would pay me for 1 week, but not the second week. Up to this point, I had worked for for 1-1/2 years (she had no vacation policy prior to 01/01/2013) never called in sick nor had I taken a vacation. The vacation hours that we did accrue were continuing to accrue on my weekly pay stubs until the day I quit.

It is also my understanding via the provided link that she can not take a balloon payment from my final paycheck even if we did have a contract to do so. By her doing this, my final pay equated to $7.46/hr for 52 hours worked, less than the states minimum wage.

Nothing was said about advanced vacation and the employee handbook does not include a vacation policy, doesn't even mention vacation at all throughout the entire handbook, she neglected to update it when she implemented the vacation policy in January of this year.
 

swalsh411

Senior Member
Even if there was a PTO policy that said you would have to pay it back if you were advanced leave, that is still not legal in CA.
 

chickenndumplin

Junior Member
Update...

Last week, my ex boss advertised she was closing the store. This week, she advertised that she sold the business to someone else and her last day running it will be this Saturday. The business is a corporation.

Today, myself and 2 other ex employees are going into the department of industrial relations to file a wage claim.

If we win our claim, will the liability be on the new owners or will the original owner still be liable?
 

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