Employer's mistake causing financial ruin?

[Alexandra813]

What is the name of your state (only U.S. law)? Missouri

"Jill" has been through a rough patch, to say the least. While taking leave to deal with the situation, "Jill"'s supervisor claims that she did not specifically state what kind of leave she needed to take from work. So, he put her into an AWOL status.
Long story short: "Jill" has had 24 hours taken off each of 3 paychecks, and her car was repossessed. They have to audit her hours before they can get her money to her but it has been nearly 2 months and they haven't finished (maybe even haven't started) and her supervisor and his supervisor have never inquired as to the status of the audit even though she has asked several times for an update.
My question is basically this: Does "Jill" have any means to speed up this process since her checks have been about half what they should be, and are now causing her severe financial difficulties, and does she have any way to get back the money for fines etc due to her supervisor's jackassery?

 

[pattytx]

If Jill has not been paid for all time worked, she can file a wage claim with the federal DOL or a civil claim.

 

[cbg]

Was Jill paid for the leave of absence? Is that why he is making deductions?

In the state of Missouri, and in 47 other states, she is not entitled to a PAID leave of absence, and unless the situation fell under FMLA, she was not entitled by law to a leave of absence at all.

If she was paid when she shouldn't have been, she does owe the employer back the money paid in error, though this is not the way it should be handled.

 

[pattytx]

OK, now I'm confused.

Is Jill's paycheck for hours worked being deducted from for paid leave that she should NOT have been paid?

 

[cbg]

The way I read it, Jill recieved a paid leave of absence when she should have received an unpaid one. Now that she has returned to work, the employer is making deductions to recover the monies paid in error.

Perhaps the poster will return and let us know if I am reading it correctly.

 

[Alexandra813]

Jill had accrued leave, but since she supposedly didn't specifically state whether she wanted to take annual or sick leave she was placed in AWOL status. She missed 3 days, and they took 24 hours of each 2 pay periods. I thought it was 3 but I was mistaken.
She had to request an audit so she can get paid, but they are taking a ridiculous amount of time getting it done, and was told they'd "get around to it".
The problem seems to be that her supervisor didn't submit her leave request in a timely manner (before the end of the pay period) so they took 24 hours off for the first week (when she actually took the leave) because of her AWOL status. They took another 24 hours off her next paycheck because once the leave request was turned in, since her AWOL status had not been removed, they cannot approve any paid leave. Does that make more sense?
It's more or less a clerical error (or a idiot of a nepotist supervisor error) but, like I said, she had her car repossessed thanks to not being able to make the payments (2 missed payments) her electricity is about to be turned off, and she has three children who, I know, like to eat.

 

[cbg]

No, it's not more clear. It's even worse.

Please answer the following questions with either yes or no, nothing more.

1.) Was Jill paid for the leave, regardless of what it was called?

2.) Is Jill having deductions taken to reimburse the employer for time they claim was paid in error?

3.) Is Jill currently back at work?

Remember, the answers are to be either yes or no. The name of the leave is immaterial. So is the reason for the error.

 

[Zigner]

You still don't make sense.
Was Jill paid for all of the time that she actually WORKED?

 

[Alexandra813]

No, it's not more clear. It's even worse.

Please answer the following questions with either yes or no, nothing more.

1.) Was Jill paid for the leave, regardless of what it was called? NO

2.) Is Jill having deductions taken to reimburse the employer for time they claim was paid in error? NO

3.) Is Jill currently back at work? YES

Remember, the answers are to be either yes or no. The name of the leave is immaterial. So is the reason for the error.

Nothing was paid in error. She missed 3 days, she was not paid for those days, she has not missed a day since and was not paid an additional 3 days the following pay period.
Her pay should have been no different from usual, except for the night differential.

 

[Zigner]

Nothing was paid in error. She missed 3 days, she was not paid for those days, she has not missed a day since and was not paid an additional 3 days the following pay period.
Her pay should have been no different from usual, except for the night differential.

And she missed TWO car payments...why?

 

[Alexandra813]

Because she has a payment every two weeks, why does that matter?
She has the payments allocated every paycheck because it's just easier to manage.

 

[Silverplum]

Because she has a payment every two weeks, why does that matter?

Because "she" is using that "problem" in her "complaint." (And because most car financing calls for monthly payments.)

If you want advice, sit back and receive. Yours is not to wonder why...

Ours is. What class is this for??

 

[Alexandra813]

What class is this for??

I'm sorry, I don't understand the question.
This is a friend and coworker that I loaned $700 to, so she could get her car out of repossession. I'm just trying to help her out because she doesn't have access to some resources that I do.

 

[pattytx]

So, what is the employer's mistake?

If she wasn't paid for leave she shouldn't have been paid for and therefore, there is no deduction for said leave paid in error (because it wasn't), what is the error?

 

[Alexandra813]

I'm sorry, I know it might be a bit confusing, but I work for the government, they do everything weird and there's about 100 forms you have to fill out for everything.