Withholding last weeks pay and vacation

[slingshot]

What is the name of your state? MD

I recently resigned from an employer that I had received tuition reimbursement from. When I started my degree program, the corporate policy statement did not have any repayment clauses if an employee voluntarily terminates employment. However, in the middle of my degree program, the corporate policy statement was updated to state that all moneys reimbursed in the 12 months prior to voluntary termination must be repaid. This change was also reflected on an updated version of the application for reimbursement. However, I believed I was grand fathered in under the old policy and therefore kept submitting the old form that made no mention of repayment. Therefore, I never signed any forms that made mention of the repayment policy. Now this employer is withholding my last paycheck and vacation payout. Since I never signed the updated form, does the employer have the right to withhold payment?

Thanks in advance.

 

[pattytx]

#1 problem. You assumed.

#2 problem. No, they cannot hold your paycheck. Nor in your state can they withhold anything for this purpose from your paycheck that you didn't authorize in writing.

Regarding accrued vacation, MD law does not require payout at termination unconditionally; only that the employer comply with it's own policy.

File a claim for unpaid wages with the state Dept. of Labor. If the company policy is to pay out vacation at term, then include that amount in your claim.

 

[slingshot]

Am I liable?

Thanks for the response pattytx!

My follow up question is am I liable for the money that was reimbursed to me even though I never signed the updated form or anything else agreeing to the updated policy? It sounds like I will be able to get the withheld wages from them, but if I am just going to have to turn around and give it right back its not really worth it.

 

[cbg]

If you are looking for a law that requires the employer to grandfather you under the old policy, there isn't one.

Only an attorney in your state who has read the documentation in question can tell you what your liability to repay would be.