Legal Question in Employment Law in California

Vacation / Personal Time Off

I have just been informed, in April 2002, that I am 86 hours in the ''hole'' w/ my PTO. Due to the firm's error in communication and keeping track - employees are just now being told of their vacation time and in a lot of cases - being told we owe the firm. Although we've been ''approved'' for time off. In my case, I am told that last year I was in the negative - and the firm carried those negative hours over to the new year; and I was never informed. Is this alright? Now they want to dock my pay until I pay back 86 hours worth of time. Does the firm have NO responsiblity here?


Asked on 4/26/02, 3:44 pm

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: Vacation / Personal Time Off

To be clear, you have been paid for hours you have not worked, in excess of your employer's allowed paid time off policy. First, you are entitled to an accounting to determine whether the company's calculations are correct. Next, an analysis of the accrual policy should disclose whether you can make the "pay back" with the paid time off that you will accrue in the coming months. The Employer can then enter into an agreement with each affected employee. Requiring the pay back of 86 hours is a heavy hit to any wage earner and calls for a bit of creativity on the part of all involved. However, be aware, the employer is owed the amount of the overpayments and can insist on repayment - however an involuntary deduction from wages to recover, especially where there is no agreement as to the amount, could be a problem for the employer.

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Answered on 4/29/02, 7:20 pm


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