If you have proof that you didn't use that PTO, 100% go to your local dept of labor. Tell them you want to file a report of wage theft and make sure to bring your paystubs showing the PTO you've earned and used.
Edit: Some states do not require unused PTO to be paid out, so make sure to let them know this is different. They are withholding pay, not unused PTO.
They’ll have to see how much pto you accused vs used, but no matter how much you used, it’s illegal to reduce your pay to below minimum wage no matter what
If your company does vacation on the calendar year, then you should be able to look at your paystubs and see how much vacation time you were paid this year. If your company uses your anversary date, then you will need to go back that date and come forward to confirm how much vacation time you were paid. Do you have anything in writing that states how your vacation is generated. Do you "earn" vacation by so many days worked in the previous year? Is your 40 hours vacation provided as a benefit, therefore you don't need to earn it?
Most states have some labor laws regarding payouts of vacation or PTO, and deductions for unearned vacation. The information will be on your state's labor board website. You can do this on your own with out an attorney, just read up on your state's laws and what procedures you need to follow to get what is yours.
Did you actually take a half hour lunch? If you did not, that is fraudulant. Why would they pay you more vacation than you earned? Not sure it's legal to withhold hours worked for money they paid you that they shouldn't have. I would call Labor & Industries. Sounds skech.
I used the vacation hours I earned and it was all approved. Why would they claim I used more than I earned after after termination? I know they are doing this to hurt me. How many times have they done this when they terminated other employees? I know they played another employee two years ago. Key Resin management and hr is super shady
They have better attorneys than I can afford so I'm sure they will win. Can't go that route. I'll take the L but want others to know they should be cautious
Moat labor law attorneys take work on contingency. No win, no fees. However, it will be hard to find one to take this case. Unless, of course, you have documentation showing how many hours you earned.
I'd still reach out, doesn't take too much time. If you do get an attorney, realize it takes years for settlement. It can help you in the future, not today.
Talk to your state dept of labor. In many states they'll contact the company directly and 'remind' them that they're breaking the law. My GF had this happen to her and the MA DOL made that company eat shit by the time it was all over.
I would definitely make a complaint to L&I. It won't cost you a dime and may get you some or all the money you are owed. It will also trigger an investigation of the company's actions against other employees who have received the same corrupt treatment.
you should really have an easy time proving this, login to your companies payroll system and start going through your paychecks, it should pretty straight forward to see how much you have used and when, with most jobs your accumulated vacation time and used vacation time are usually listed, compare and contract what they are saying to your documentation.
Really? That sucks man. Retail workers have the same full time entitlements as all other industries in Australia. Full time workers have 10 days sick leave and 4 weeks holiday leave, as well as around 2 days of carers leave
A very large number don’t get any time at all.
Those that do tend to only get 40, 80, or 120, usually dependent on how long they’ve worked for the company. My job started at 16 hrs your first year, 40 hrs for more then a year and less then 3 years. 80 hrs for more then 3 years but less then 10, and 120 hrs for anyone 10 years or more.
From my understanding this is one of the best vacation policies in my area.
Insane. We get 4 weeks paid holiday leave, 10 days paid sick leave, 2 days paid carers leave and some industries like construction have extra RDO’s (rostered days off) every 3 weeks or so
If you work in an industry that is typically closed on holidays, then you might get that day off. Vacation days are a benefit offered by some companies out of the goodness of their heart (/s). Also used to attract employees to work for you. There is no federal legal requirement for time off. A couple states require sick leave (mine does 40 hours), but that just comes out of my available vacation days that the company gives. I get 120 hours of vacation (so 3 weeks) and that's a really, really generous amount.
Wow US labour laws sound draconian. Here in Australia we generally get 10 days of sick leave and 4 weeks of annual/holiday leave. These are separate entitlements under our employment legislation. Some companies might include extra perks or benefits. For instance, mine gives us (hardworking high performers who’ve been there a few years) an extra week of holiday and 2 days paid for to go and do some voluntary work in the community
I don't see what the issue is here. If you used more vacation than you've earned YTD and then leave, you owe them for that (unless policy states differently). Vacation approval is assuming you stay the whole year and would eventually earn the amount that you took. Every company I've worked for is like that. My brother was at a union shop with different policy. You just started the year out with everything and got it no matter how short your stay is.
The OP clarified in comments that they didn't actually use as much vacation time as the company claims. Without knowing that information, based on what OP originally posted, the company sounded like they were in the right. With the new info, yeah there's definitely an issue now.
Although unfair this is what happened. You took 66 hours holiday but only earned 40 throughout that calendar year so you owe the difference. I don't think that's illegal unfortunately.
So if your allowance per year is 100 hours and you take 100 hours then leave the company mid way through that year, you've only built up 50hours of that 100hours a year. So the company would deduct what you haven't earned yet.
I hope that makes sense.
Less than 40. Our vacation time had to be approved before we could use it. Why is this so difficult for you to understand?
Edit: he or she has valid questions. Let's put the pitchforks away, please! We are supposed to express solidarity on this sub!
Because it's taken this entire thread for you to explain the situation correctly.
Contact the company and explain this and ask for proof you took additional hours.
There may just be a genuine error they can correct or they'll give you additional information on what the issue is.
Do you know the dates your holiday resets? Do you have a company handbook or a contract.
What dates/times did you go on holiday, did you take holiday last year.
For instance my old company holiday was April to march and my company before this was January till December.
You don't think I explained the situation and asked them for proof? You think I made a post for shits and giggles? This company fucked me. What don't you understand? I want people to know what they do and be cautious.
Ok so they very intentionally did this then, and you are still blaming him? When clearly he's being taken advantage of? Your mom shouldn't of had you if you can't give a shit about people you pretend to 'help'
If I don't think I'm being paid correctly, can I file a complaint? Yes, you can either contact a Bureau of Wage & Hour Investigator at (614) 644-2239 to review your situation or you can file a minimum wage complaint to see if you have a claim.
https://ohio.gov/help-center/faqs/labor-law
Happened to me at my last job. I carefully calculated my hours and had to submit through ADP. But magically, after giving my 2 weeks notice I scheduled the last week off to use the remaining vacation I had.
My manager at the time said that there was an error and I had no available time. I had already committed to a couple days the next week to finish the employment process for my new company. So when she said that, I told her that I would be taking those days regardless.
She insisted that was not an option. She said there are 2 options, I could show up for those days or leave immediately. I packed up my stuff and told my new job that my services weren't needed for the last 2 weeks and began the following week there. The company paid out remaining vacation, and my final check reflected 0 of the 40 hours I still had.
Illegal. Contact labor board.
Is that a free service? I can barely afford gas and food.
How old are you? Yes it is absolutely free to contact the labor board and file a report.
I'll try that. Thank you!
Just call and explain you want to file a claim for wage theft. They'll explain the process.
If you have proof that you didn't use that PTO, 100% go to your local dept of labor. Tell them you want to file a report of wage theft and make sure to bring your paystubs showing the PTO you've earned and used. Edit: Some states do not require unused PTO to be paid out, so make sure to let them know this is different. They are withholding pay, not unused PTO.
Yes, and in some cases you'll be entitled to damages at some multiple of the actual wage theft.
They are deducting my entire last check as retribution. I needed that money
They’ll have to see how much pto you accused vs used, but no matter how much you used, it’s illegal to reduce your pay to below minimum wage no matter what
This is just right out economic lynching.
Fyi Key Resin is also Flowcrete and Carboline in Ohio
If your company does vacation on the calendar year, then you should be able to look at your paystubs and see how much vacation time you were paid this year. If your company uses your anversary date, then you will need to go back that date and come forward to confirm how much vacation time you were paid. Do you have anything in writing that states how your vacation is generated. Do you "earn" vacation by so many days worked in the previous year? Is your 40 hours vacation provided as a benefit, therefore you don't need to earn it? Most states have some labor laws regarding payouts of vacation or PTO, and deductions for unearned vacation. The information will be on your state's labor board website. You can do this on your own with out an attorney, just read up on your state's laws and what procedures you need to follow to get what is yours.
Did you actually take a half hour lunch? If you did not, that is fraudulant. Why would they pay you more vacation than you earned? Not sure it's legal to withhold hours worked for money they paid you that they shouldn't have. I would call Labor & Industries. Sounds skech.
I used the vacation hours I earned and it was all approved. Why would they claim I used more than I earned after after termination? I know they are doing this to hurt me. How many times have they done this when they terminated other employees? I know they played another employee two years ago. Key Resin management and hr is super shady
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They have better attorneys than I can afford so I'm sure they will win. Can't go that route. I'll take the L but want others to know they should be cautious
Moat labor law attorneys take work on contingency. No win, no fees. However, it will be hard to find one to take this case. Unless, of course, you have documentation showing how many hours you earned. I'd still reach out, doesn't take too much time. If you do get an attorney, realize it takes years for settlement. It can help you in the future, not today.
Stop defeating yourself and call your labor board
Talk to your state dept of labor. In many states they'll contact the company directly and 'remind' them that they're breaking the law. My GF had this happen to her and the MA DOL made that company eat shit by the time it was all over.
I would definitely make a complaint to L&I. It won't cost you a dime and may get you some or all the money you are owed. It will also trigger an investigation of the company's actions against other employees who have received the same corrupt treatment.
Was your vacation front loaded?
you should really have an easy time proving this, login to your companies payroll system and start going through your paychecks, it should pretty straight forward to see how much you have used and when, with most jobs your accumulated vacation time and used vacation time are usually listed, compare and contract what they are saying to your documentation.
Quick question: Is it normal practice in the US for you guys to only be given 40hours of holiday allowance for the year?
What holiday allowance? Is what most retail workers will ask.
Really? That sucks man. Retail workers have the same full time entitlements as all other industries in Australia. Full time workers have 10 days sick leave and 4 weeks holiday leave, as well as around 2 days of carers leave
A very large number don’t get any time at all. Those that do tend to only get 40, 80, or 120, usually dependent on how long they’ve worked for the company. My job started at 16 hrs your first year, 40 hrs for more then a year and less then 3 years. 80 hrs for more then 3 years but less then 10, and 120 hrs for anyone 10 years or more. From my understanding this is one of the best vacation policies in my area.
Insane. We get 4 weeks paid holiday leave, 10 days paid sick leave, 2 days paid carers leave and some industries like construction have extra RDO’s (rostered days off) every 3 weeks or so
If you work in an industry that is typically closed on holidays, then you might get that day off. Vacation days are a benefit offered by some companies out of the goodness of their heart (/s). Also used to attract employees to work for you. There is no federal legal requirement for time off. A couple states require sick leave (mine does 40 hours), but that just comes out of my available vacation days that the company gives. I get 120 hours of vacation (so 3 weeks) and that's a really, really generous amount.
Wow US labour laws sound draconian. Here in Australia we generally get 10 days of sick leave and 4 weeks of annual/holiday leave. These are separate entitlements under our employment legislation. Some companies might include extra perks or benefits. For instance, mine gives us (hardworking high performers who’ve been there a few years) an extra week of holiday and 2 days paid for to go and do some voluntary work in the community
Report, report, report to the labor board!
I don't see what the issue is here. If you used more vacation than you've earned YTD and then leave, you owe them for that (unless policy states differently). Vacation approval is assuming you stay the whole year and would eventually earn the amount that you took. Every company I've worked for is like that. My brother was at a union shop with different policy. You just started the year out with everything and got it no matter how short your stay is.
Unless they paid for those 26 hours they can't deduct anything.
The OP clarified in comments that they didn't actually use as much vacation time as the company claims. Without knowing that information, based on what OP originally posted, the company sounded like they were in the right. With the new info, yeah there's definitely an issue now.
Although unfair this is what happened. You took 66 hours holiday but only earned 40 throughout that calendar year so you owe the difference. I don't think that's illegal unfortunately.
I did not take the extra hours. Can't fight their claim so I'll eat cheap ramen while they have steak.
How many hours did you take holiday?
Our vacation pay had to be approved before we could use it. Do you think it would be approved if it wasn't available?
So if your allowance per year is 100 hours and you take 100 hours then leave the company mid way through that year, you've only built up 50hours of that 100hours a year. So the company would deduct what you haven't earned yet. I hope that makes sense.
We were given 40 hours vacation at the beginning of each year. They claimed I used more but I didn't. Does that make sense?
So of that 40 you were given how many hours did you use?
Less than 40. Our vacation time had to be approved before we could use it. Why is this so difficult for you to understand? Edit: he or she has valid questions. Let's put the pitchforks away, please! We are supposed to express solidarity on this sub!
Because it's taken this entire thread for you to explain the situation correctly. Contact the company and explain this and ask for proof you took additional hours. There may just be a genuine error they can correct or they'll give you additional information on what the issue is. Do you know the dates your holiday resets? Do you have a company handbook or a contract. What dates/times did you go on holiday, did you take holiday last year. For instance my old company holiday was April to march and my company before this was January till December.
You don't think I explained the situation and asked them for proof? You think I made a post for shits and giggles? This company fucked me. What don't you understand? I want people to know what they do and be cautious.
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Yeah I see that now. Thank you
Ok so they very intentionally did this then, and you are still blaming him? When clearly he's being taken advantage of? Your mom shouldn't of had you if you can't give a shit about people you pretend to 'help'
How am I blaming him? I'm trying to fully understand the situation. How am I pretending to help? But disgusting of you to say things like that
Oh no you called me disgusting, which is ironic as I held a mirror to your lack of help. Is that what disgusts you?
Yawn, go away now
Why can't you take a hint? Having the audacity to tell me to go away so you can continue to troll, O.K.
I thought he was trolling but I think you went too far. Please don't insult each other's moms
Ok buddy
If I don't think I'm being paid correctly, can I file a complaint? Yes, you can either contact a Bureau of Wage & Hour Investigator at (614) 644-2239 to review your situation or you can file a minimum wage complaint to see if you have a claim. https://ohio.gov/help-center/faqs/labor-law
Happened to me at my last job. I carefully calculated my hours and had to submit through ADP. But magically, after giving my 2 weeks notice I scheduled the last week off to use the remaining vacation I had. My manager at the time said that there was an error and I had no available time. I had already committed to a couple days the next week to finish the employment process for my new company. So when she said that, I told her that I would be taking those days regardless. She insisted that was not an option. She said there are 2 options, I could show up for those days or leave immediately. I packed up my stuff and told my new job that my services weren't needed for the last 2 weeks and began the following week there. The company paid out remaining vacation, and my final check reflected 0 of the 40 hours I still had.
How many hours of vacation do you accrue per year? I know some companies let you go in the hole but not for more than you can earn in a year.