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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20296
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I am currently a nurse practitioner with a local physician I

Customer Question

I am currently a nurse practitioner with a local physician I started with this position June 2015 and I took a weeks vacation May 2016.. I was told as a nurse practitioner I get two weeks of paid vacation time or year I am a salaried employee I just recently turned in my resignation due to extensive long hours and was told by my employerthat I would have to pay back my vacation time to the company is this legal
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.

Hello,

Thank you for the information and your question. Whether or not you have to repay the time you took as vacation depends entirely on how your vacation leave program was worded in regards ***** ***** vacation leave accrues. I can't give you an opinion about your specific plan, but if it says something like "two weeks leave accrues after one year of employment" or something similar, then your employer would have a right to ask for repayment, since you took your leave before your one year anniversary. However, if your plan says that you start accruing leave immediately, then whatever you had accrued you would not have to pay back.

If, they withhold this amount from your pay, and you believe the plan is written like the latter example, you can file suit in small claims court for the money you are owed. Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Customer: replied 1 year ago.
We have no plan no contract was signed it was said verbally
Expert:  Marsha411JD replied 1 year ago.

Thank you for your reply. It is highly unusual for an employer not to have some sort of written vacation leave plan. But, if they don't then the exact language of the verbal agreement of vacation would be the issue if there is a controversy. The same rules, in terms of what was said would apply just as I described in my first response. If the statement was vague then you either have to come to a negotiated agreement or you'll have to file suit if they deduct that amount from your paycheck. What makes that harder is that it can become one person's word against the other. Then the court decides who they believe.

Expert:  Marsha411JD replied 1 year ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any further follow up questions for me from the answers I provided to you on the 12th . For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I have not received your rating.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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