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Question

My former employer deducted almost $300.00 from my final paycheck saying that they advanced me 16 hours of PTO time. The deduction was taken without my authorization. Is this a legal deduction in Vermont? I filed a wage claim with the Vermont Department of Labor and they were unable to resolve the issue with my employer. Should I take this to small claims court or get a lawyer? It is my understanding of the law that if I have to pursue this with civil action that the employer would have to pay me twice the amount of the claim. Is this true?

Submitted: 431 days and 3 hours ago.
Category: Employment Law
Value: $15
Status: AWAITING CUSTOMER ACTION

Answer

The employer cannot take anything but authorized standard deductions from an employee's final paycheck. If the employer is claiming repayment of a loan, which would qualify, they need to provide proof you acknowledged the loan or advance on the time off, if not, they cannot deduct it but they can sue you for restitution for it. You should contact the VT department of labor and file a wage claim and you could get up to twice the amount due.

 


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Expert: PaulMJD
Pos. Feedback: 99.5 %
Accepts: 
Answered: 9/16/2008

Attorney

20+ Years of Employment Law Experience

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