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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41221
Experience:  I provide employment and discrimination law advice in my own practice.
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I was given PTO and due to a third party clerical error I

Customer Question

I was given PTO and due to a third party clerical error I have accrued more than I should have. Can they just take it back (PTO) when I made my decisions using PTO based on what my pay stub told me I had? I am a union employee
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

The answer that I will provide will not be favorable, so I ask that you do not blame the messenger. If there was an error, such as a clerical error, there is a misconception that the person or company who makes it is now bound by it. That is incorrect. If a company overpays you by mistake, or provides more benefits, or grants you a benefit due to error, they can lawfully demand that benefit back because that benefit legally never belonged to you. As such, they can just take that PTO back because you never earned it. The answer here would not matter if you were union, contractual, at-will, or a governmental employee, unless the contract expressly designates that the employer is liable for their errors pertaining to time sheets and calculations, upon finding the error they can indeed seek to recapture or take back what was mistakenly provided. I am sorry!

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
Thanks for clearing this matter for me I appreciate your help
Expert:  Dimitry K., Esq. replied 1 year ago.

It was my pleasure, truly! I wish you the very best of luck. If satisfied with my assistance, kindly do not forget to positively rate so that I can obtain credit for my work. Thank you and please take care!

Sincerely,

Dimitry, Esq.