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Last paycheck was short - vacation pay was incomplete - what can be done?


A friend of mine just left her job. She gave (and worked) two weeks notice. On her last day, she was given a final check for time worked, but was to receive another for her vacation time paid out (which they said they would not give her). Finally, several days later, they issued her a check, but told her they would only pay her a certain amount of the vacation time. I have found a few South Carolina laws on the books to cover an employer not giving the last paycheck, but nothing covering a shorted check. What should be done here? Complaint to SC Dept of Labor? Federal Dept. of Labor? It's a few hundred dollars, and she doesn't want to pay the expense of an attorney. Thanks for any suggestions.

I lived and worked in SC for 18 years and I know for fact that this is illegal procedure. Tell your friend to make copies of all records, including that shortened check(3 sets of copies, she needs the originals).
The first thing you do is call the Chamber of Commerce and see if they can help. I believe they do have a business section. If not, they should be able to refer you to an agency where your friend can file a complaint.\
Next, file a complaint with the Better Business Bureau.
Third, file a complaint with the Attorney General's office.
Lastly, get legal help. If your friend happens to be in Columbia,SC, there is a place called Palmetto Legal Services on Bull St. Have your friend call there to see if she qualifies for legal aid. If Palmetto legal services doesn't take her case, call the SC Bar Association to get a referral to an attorney----but, I do not think that this is necessary.
Another great option is the news. They have this news6 on your side, or channel 10 on your side thing, where you can get real help---so if all else fails you can turn to them---very often, if the news stations approach these employers, these employers go like: "oh, sorry, we made a mistake" and pay the money....good luck

As you have been told, there is no state or federal law requiring the payment of an 'expected' benefit such as vacation time not taken.

This is up to the company to either honor or not, but not a matter of law. The ONLY difference would be if the check was short BECAUSE OF vacation that was actually taken and not paid.

Also, working the two - week notice period has nothing to do with this. There is no requirement in law to give a two-week notice of termination for either the employer or employee.

been thru that in ny and vt. Go thru state dept of labor the way it works here is they have to pay u time worked the vaccatin sick time is murkier def worth calling dept of labor

The company is not required at all by law to pay any vacation. Especially upon termination. Vacation pay is a benefit and not covered under wage and hour laws. You can contact the company and see if they are willing to pay, but if not, you are S.O.L.

Are you sure they didn't withhold money for things that she owed or items that she did not turn in .. i.e. name badge, uniform.

I hope she worked in the IT dept and left a nice piece of job security behind that will cause their entire data base to change without them knowing about it until it's far too late to do anything! Never piss off your computer people when they are leaving because it will cost you far more than it's worth!

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