vacation penalty?

[rmcnellis]

What is the name of your state? montana
i am considering give my two week notice to my employer because i have another job offer. i had planned on taking my 2 weeks of vacation in august and had been approved for the time off. in the past, when people quit here - whether they give their notice or not, the company has actually deducted the amount the employee would have been paid for their vacation time from their last pay check! can they do that? thanks.

 

[cbg]

If they have taken time they have not yet accrued, yes.

 

[rmcnellis]

i have not yet taken my vacation time and i have accrued 2 weeks. my question is, if i have accrued the time, but have not used it can they take the amount they would have paid me for my vacation out of my check? they did that to someone else who quit - they try to find anyway to "screw" you basically.

 

[Beth3]

They have deducted the dollar value of vacation that is fully earned but not yet used from the paycheck of someone who resigns??? That's one of the goofiest things I've ever heard of. Plus, it's not legal either. (Are you SURE in those instances individuals haven't "borrowed ahead" for their vacation?)

In any event, the answer is no, they cannot do that. You must be paid for all the time you actually worked. You must also be paid for vacation that is earned but not taken when you leave. Montana has no law on the subject however the Montana attorney general has determined that "vacation pay which has been earned and is due and owning must be considered in the same category as wages and is collectable in the same manner and under the same statutes as are wages."