Employer wanting back pay

[Catnap]

undefinedWhat is the name of your state? Washington State
Here is my story:
I recently quit my job of 8 years. I gave my two weeks notice and ended up leaving 2 days prior to my actual end date, due to issues with my boss. She does not want to pay me my PTO that I have accrued. I do know that washington law says that employers do not have to pay this, except other employees before me have been paid when they left. Also, my employer refused to pay me my vacation pay (one weeks worth) a few months back (Feb 2004) because she did not have the funds to cover it. She offered to either "make it up to me", or "place it on my paycheck for next month." She made this offer in the middle of one of our staff meetings. The following month was not good for business either. I let it slide, not knowing that I would be quitting soon. I figured I would probably get it in May or June. When it came down to the last two days of my employment there, I asked her if I would be getting my PTO on my next check. She said no. She then explained to me that they had made mistakes on my paycheck throughout the year of 2003 and that I needed to pay them. She gave me a large amount of paperwork showing that they did not take out enough for my medical insurance. She said "We didnt know that the rates went up". I was astonished. I did not know what to do, so I left there on the spot.

My questions are:

1. Does she owe me for my PTO.
2. If so, how do I find out exactly how much PTO I have accrued? ADP, the payroll people never kept good records of this, and my office manager never seemed to care.
3. Do I have to pay for the mistakes on my paychecks for last year??
4. Is it legal for them to take out more from my paychecks to compensate for the mistakes? (found this on my last years pay stub for Nov 2004)

 

[cbg]

1. Not unless there is a company policy that specifically states that you will receive your PTO when you leave under the circumstances you describe.

2. Without getting into my personal opinion of ADP (otherwise known as Another D**ned Problem) unless your employer was paying them extra to keep track of your PTO, it is not really their responsibility to do so. I have never understood why so many employees feel that they have no obligation to keep track of how much time they have taken - why don't YOU know how much time you have?

3. Possibly; possibly not. It depends on what the mistakes were and to a certain extent on your state law.

4. Probably not, but I am not in my office and can't check my source material. It depends, as above, on what the mistakes were and what your state law says about them.

 

[Catnap]

Thank you for your reply. I still have a few lingering questions.

1. Would it help that I have signed statements (from people who heard her tell me) proving that she (former boss) would allow me to add that week of vacation, that she did not allow me in February, to a later paycheck? Is it legal for her to deny vacation pay because the business was under fanancial difficulties? Can an employer legally pay PTO to one employee and not pay another?

2. Until now, I did not realize it was my responsibility to keep track of my PTO. But, from now on, I will be on top of it.

3. As for the mistakes on my paycheck. It has been about 9 months since the last mistake happened. How do I find out the state law on this issue?

I do appreciate the advise. Thank you for taking the time.

 

[cbg]

1 (a). Maybe. They MIGHT go some distance to showing that there has been a policy of paying out vacation that they would need to follow in your case. Not necessarily, though. It would depend on how consistant past practice has been. However, the answers to (b) and (c) are yes, and, in the absence of a policy it would only be illegal to pay one person PTO and not another if the race, religion, national origin etc. was considered in deciding who did or did not get paid.

2. This does not appear to be a question.

3.) Contact your state department of labor. P.S. I am in my office today, at least for a brief time, and according to my source material Washington state forbids their taking deductions unless required by law or if there is a specific agreement between you and your employer, preferably if not definitely in writing.