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  1. #1
    Join Date
    Aug 2012
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    4

    Default Can Former Employer Ask for Return of Vacation Pay for Approved Vacation Hours

    My question involves employment and labor law for the state of: Maryland

    I recently terminated my employment with a consulting company. A month prior to termination, I e-mailed the office admin asking how many days of vacation I had accrued. The admin e-mailed back saying I had accumulated 'x' number of days. Per this response, I proceeded to take 'x' number of days of vacation. Upon my return, I terminated employment and received a paycheck that included my vacation pay for 'x' number of days. A few days after this, my recruiter (at same company) e-mailed to say that there was a miscalculation on their part and that I had not in reality accrued 'x' amount of vacation days, but that I had really accrued 'y' number of days. She then sent me an e-mail asking me to sign a letter stating that I would write the company a personal check in the amount I had received for 'x-y' number of vacation days. Given that the office admin himself informed me in writing that I had accumulated 'x' number of days and that I would not have taken 'x' number of days had they not approved it, can they ask for that "overpayment" back in the manner that they are? Am I legally obligated to pay them back under these circumstances?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Can Former Employer Ask for Return of Vacation Pay for Approved Vacation Hours

    I don't see that they are violating any laws by asking. I don't know what MD would say about legally, but morally and ethically you do not have a leg to stand on if there really was an error. Nothing I know of in any Federal or state law grants you the absolute right to benefit from an honest mistake.

  3. #3
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default Re: Can Former Employer Ask for Return of Vacation Pay for Approved Vacation Hours

    Just because you didn't like the first answer you got doesn't mean it isn't perfectly accurate. It certainly doesn't mean you get to post your question again.

  4. #4
    Join Date
    Aug 2012
    Posts
    4

    Default Re: Can Former Employer Ask for Return of Vacation Pay for Approved Vacation Hours

    Thanks everyone! I don't know how this thread got posted twice (I am new to this forum). Sorry about that! If anyone specifically knows what Maryland state laws say about this, it would be greatly appreciated. CA state law appears to be in the employee's favor in this scenario.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Can Former Employer Ask for Return of Vacation Pay for Approved Vacation Hours

    CA laws tend to be different from those of the rest of the country. I wouldn't go by them.

    But even CA law doesn't say the employer can't ask for (or sue for) the overpayment back - it only says that the employer can't utilize self-help methods to get it such as payroll deductions.

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