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Can an Employer Deduct Money from a Payout of Accrued Sick Hours

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  • 01-01-2019, 02:05 PM
    tahiram
    Can an Employer Deduct Money from a Payout of Accrued Sick Hours
    My question involves labor and employment law for the state of: Nevada

    After i was terminated from my job and given what i thought was my final paycheck i had looked on my employee website and discovered an additional paystub that showed my accrued sick leave hours as an employee was seperated onto another paystub for a deduction of a gift card that was given to me as a gift along with other employees while still employed. I would like to know if it was even legal here in the state of Nevada for an employer to reinburse a gift that was given to an employee by using theyre accrued sick hours after termination.
  • 01-01-2019, 08:31 PM
    Mr. Knowitall
    Re: Can an Employer Deduct Money from a Payout of Accrued Sick Hours
    In Nevada, an employer is not required to pay an employee for accrued sick leave upon separation from employment unless the payout is required by policy or contract. Assuming that there is such a contractual right or policy, the question of whether the value of the gift card can be deducted from the payout will depend upon the facts surrounding that 'gift'. For some reason your ex-employer apparently does not regard the gift card as having been a gift, or considers it to have been a conditional gift such that your termination justifies taking back the money -- we don't know the facts, and thus have no way of knowing what your ex-employer is thinking or whether your ex-employer's reasoning is valid.

    If you believe that your ex-employer had no right to reclaim the money, although you have not shared the amount, odds are it is amount you could attempt to recover through small claims court. I cannot comment on your odds of victory without additional facts.
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