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Laid Off - Docked negative vacation balance

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c152driver

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

I was an exempt employee that was laid off 6 days into the pay period. The company has deducted my negative vacation balance from my last check (leaving me enough to take the family out to McDonalds).

As an exempt employee, is it correct that I should not be docked for any vacation time I took that was only for a partial day? Is it also correct that I should be paid for all of my last day, even though I was laid off at lunch time?

Finally, I think I have made a big mistake by signing the severance agreement (and its waivers). I dated the signature on my severance agreement the day before Thanksgiving but did not mail it until December 1. When does the 7 day revocation period I am allowed begin... on the date it was signed or the date they received it? (or some other date?). I realize I have made a major error by signing the agreement prior to my last paycheck.

Thanks.
 


ecmst12

Senior Member
I don't see what would prevent them from deducting your negative vacation balance. They should calculate your pay through the end of your last day and THEN deduct the vacation owed.

Why do you believe you have 7 days to change your mind about the severence?
 

cbg

I'm a Northern Girl
As an exempt employee, is it correct that I should not be docked for any vacation time I took that was only for a partial day?

No, it is not. Both exempt and non-exempt employee can have leave time docked in both full and partial day increments. The Feds have gone on record as saying they have no interest in what happens with leave balances, and while a state could set down laws about the use of vacation time for exempt employees, only California has even marginally done so.

Is it also correct that I should be paid for all of my last day, even though I was laid off at lunch time? No, that is not correct either. On the first and last week of employment an exempt employee only has to be paid for time actually worked.

When does the 7 day revocation period I am allowed begin

My understanding is that it is the date that you signed it, but you are free to contact them and see what they say.
 

cbg

I'm a Northern Girl
I don't see what would prevent them from deducting your negative vacation balance. They should calculate your pay through the end of your last day and THEN deduct the vacation owed.

Why do you believe you have 7 days to change your mind about the severence?
If he is over 40, then under the ADEA he is guaranteed 21 days to consider the agreement and to have it reviewed by legal counsel, and then a 7 day revocation period.
 

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