Employment Lawyers Can Answer Your Employment Law Questions
I had a company credit card that i am responsible to pay. I had been making my normal payments on the card like i always do. It was a company credit card with normal IT purchases.
They called me into the office and let me know they were terminating me. Would not tell me why. I have never been written up in my life with this company. I still am not sure why i was fired. I was never given a reason.
I was just told i was being let go.
I had about 40 hours of vacation plus about a week and a half of salary that would have been given to me. Instead they told me they were taking my final pay and applying it to my company credit card balance to zero it out.
I did not sign anything. I asked them what i did to be terminated they said it was time to go.
1.) I signed a document i believe when they gave me the card but i do not have it as it was signed electronically and printed to pdf on my employee drive which was on my company provided laptop. I am not aware of what its terms and conditions were. It was a chase mastercard provided on behalf of the company with my name on it.
2.) I personally paid this card. They reimbursed me. It is my responsibility to pay the card. I had been making regular payments to the credit card balance as they reimbursed me. The expenses left on the card were about a months worth of expenses.
The balance was $3600. I had just made a payment, which i cancelled already of $400. I am unsure of what the actual balance is because i now cannot check the card's balance or activity. They asked me to turn it in upon termination.
The employer is a major construction company here in the valley. I was brought on initially as a contractor to help them with 3 major project migrations. I was hired as W2 in January because they asked me to stay on at a lower rate with benefits.
I finished the projects on this past monday to completion. On wednesday they let me go.
They said my final check with 50% of my vacation time was to be around $3200, which seemed light. My weekly was $1735. 3 days of the week would have been an additional 1041 and i believe i had around 37 hours of vacation. I dont know why i lost vacation time too being terminated. It doesnt seem right.
At any rate i got paid nothing. not even a final paycheck.
Thank you for your follow-up.A couple of things that concern me and likely may give you potential grounds to pursue.1. The reason I asked is generally an employer CANNOT withhold funds without permission or consent from the employee (or independent contractor). Withholding wages without cause is violation under state employment laws. Their behavior here could only be legal if you ever signed an agreement permitting them such behavior. if you do not remember signing anything, or cannot find it, you can at least ostensibly consider this a violation and pursue the employer for violations. This is important, and I suggest you try to find your contracts if you can.2. This point, that you paid for the card yourself, makes it more likely they had no right or basis to withhold without a court order.3. Even if the employer has the right to withhold, he must do so solely for the amount owed and no more. In other words you are owed an accounting or an invoice of time.4. Vacation time is somewhat arguable. Some employers grant vacation not for the year but for how long worked. For example if you are entitled to 10 days a year, you would obtain roughly one day a month and no more. It is rare where an employer grants you all the days up-front. So consider doing a calculation based on your hours worked and how many vacation days you would be entitled to so as to figure out your owed obligation. This may be more questionable accounting, or it may be quite right--in my experience vacation days are not often incorrectly calculated but as the first issue here is quite questionable I still urge you to calculate it for yourself.I am genuinely sorry for your loss of employment, they however do not have to explain in an 'at-will' situation. Please let me know if I can assist in any other way, or you wish for me to clarify anything else. As an aside, I will be offline for just a few minutes so if you do have additional responses, my answers may be somewhat delayed--please do not hold that against me, I will reply as soon as I am able.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).