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LegalPro54, Lawyer
Category: California Employment Law
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My Employer paid me my accrued Sick and Vacation time without my request.I was saving it f

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My Employer paid me my accrued Sick and Vacation time without my request.I was saving it for a future vacation. She assumed I would want it since my check had only 22 hrs since I had been out a few days due to surgery. Can I make them re-do my paycheck so that I can pay back those wages paid to me. She did this in error and not by my request.

Submitted: 12 months ago.
Category: California Employment Law
Expert:  LegalPro54 replied 12 months ago.

Hello and thank you for entrusting me to answer your question. My goal is to answer your question completely and thoroughly and to provide excellent service.

I can understand why this must be frustrating, especially in light of the fact that you were saving that time for a future vacation.

Unfortunately, however, since employers are under no legal obligation to provide employees with paid vacation or sick time, employers are free to require employees to use those days at any time or "cash out" those days and pay them to the employees as they see fit. Simply put, what you describe is not illegal, though I recognize why you may regard it as being unfair.

If you have any additional questions or concerns regarding this matter, please do not hesitate to let me know. If you do not have any further concerns, I would be very grateful if you would give my answer a positive rating and click submit, as this is the only way I will receive credit for assisting you. If you have any additional concerns that you would like me to address, please feel free to let me know by hitting the REPLY or CONTINUE CONVERSATION button and I will be more than happy to continue assisting you.

Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Thank you and very kindest regards.

Customer: replied 12 months ago.

Hello,

thank you for your response....yes indeed, this seems very unfair.

I understand that there is no law requiring they pay sick or vacation pay.

It seems that we as employees should have some rights to this matter. It is our office policy that when we are doing our time sheets at the end of a pay period..she requires that we document in writing ANY vacation or sick leave that we have accrued to be added to our paycheck for that period. She always states, if we do not write it down, then we will not get it. I just had hoped that if I did not request it verbally or especially in writing that..and that she did this on her own assumption, that I would have a right to make her correct my payroll so that I can pay her back the wages. I guess there is nothing i can do but maybe document in a letter to her and my senior Doctor that I feel that this matter was handled unfairly, so that I can have it in my employee file and keep a copy for myself? Unless you have a better suggestion?

Thank You!

Expert:  LegalPro54 replied 12 months ago.

Marcy,

Thank you very much for your reply. An employee is certainly free to express their displeasure with the way their management has handled a situation such as this, but expressing the complaint in writing will not confer upon that employee any sort of job protection or additional rights. Submitting such a complaint would only be for your personal satisfaction in knowing that your grievance has been recorded.

Again, I am limited to explaining what the law actually provides for in this instance, but I hope that you appreciate an accurate summary of your rights in this instance.

If you do not have any additional questions, I would be very grateful for a positive rating of my service so that I may receive credit for assisting you.

Kindest regards.

LegalPro54, Lawyer
Positive Feedback: 98.7 %
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Experience: Significant experience in all areas of employment law.
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