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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). 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. 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. 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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