Christmas surprise, negative vacation balance

[fpbear]

What is the name of your state? California

I was re-hired by the same company I where I was laid off previously. Upon re-hire two years ago, my first pay period report showed a few weeks extra vacation available. At the recruiting meeting HR told me that I would get credit for my previous years of service when calculating benefits, so later it made sense that the extra vacation was part of the hiring package. After seeing the extra vacation on my balance, I thought this was part of the retroactive credit and that it is a hiring bonus.

A company accounting audit revealed that the extra days were given to me in error. They were supposed to give me credit for just the rate of accrual based on years of service, instead of giving me all the vacation days. So they took it all back, leaving me with a negative balance of -15 days. Appeals to HR management were denied.

I had to cancel my Christmas vacation plans and it will take me more than a year to get back into a positive vacation balance. Is this standard practice for a company to handle it this way? Is being given extra vacation handled the same as being overpaid in error? Does it make a difference that I was unaware of it and I thought it was part of the hiring package?

Also my salary is higher than what it was when I took the vacation days. So when I gradually "repay" the negative balance with my new vacation accruals don't they need to account for the salary difference somehow?

 

[moburkes]

It was an accident, and they made a mistake. They are allowed to correct it.

As far as the difference in pay: When you used the vacation time, you used it at your current salary, not the previous one. Therefore, your previous salary has no relevance.

 

[fpbear]

Thanks for the reply moburkes. I am curious for more detail. What is the relevant part of California law that applies here? How far back can a company go in correcting this kind of error? 2 years? 10 years? What if it is confused with a signing bonus? Do you practice law (your profile says "insurance agent")?

 

[moburkes]

There is no law.

 

[pattytx]

And it IS common practice. The standard, when employers DO "bridge service" is to give you an "adjusted seniority/service date" on which benefits such as vacation are based. Besides, being in California, didn't you get the accrued vacation you had on the books when you originally terminated? That's the law in California.