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re: Legal question regarding withheld pay
Posted on 11/16/16 at 3:17 pm to RJL2
Posted on 11/16/16 at 3:17 pm to RJL2
quote:
There's no PTO accrual on pay stubs and the employment contract says nothing about time off.
Does your friend really have an employment contract? That's actually pretty rare. What about employee handbook/policies? That's usually where this stuff is.
If there is truly nothing written about entitlement to PTO then its a matter of verbal understanding between the parties. The employer will take the position that employee was not entitled to paid time off so essentially 4 days of compensation were advanced or overpaid and now it is being deducted and the employee is square (has been paid for all time worked). Might be hard to prove otherwise.
State law may also require written authorization from the employee to deduct from a paycheck too even if the employee clearly was advanced compensation/previously overpaid.
This post was edited on 11/16/16 at 3:23 pm
Posted on 11/16/16 at 3:23 pm to elposter
quote:
What about employee handbook/policies? That's usually where this stuff is.
I don't know. This guys is sketchy and my friend is gullible. Just seeing if anyone can help out.
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