Vacation Pay Help

[GrrlGoalie33]

My wife's last day at her job was yesterday (appropriate 2 weeks notice was given). Today she went to pick up her last paycheck (including vacation pay) and her ROE.

The vacation pay that they paid out on her final cheque was 1 week short of the vacation pay on her last paystub. The reason given to her was that she took that week last year (which she did, but was told her vacation would not be deducted because she had worked so much overtime).

So my question is, can they deduct that pay now when her last paystub clearly showed something different?

[VladtheImpaler]

Call the Labour Relations Board and see what they have to say...

It's probablly too late now, but was there an email or some other documentation stating that she paid for her week with her OT?

[CaptainCrunch]

If she had an agreement in place of vacation in lieu of OT, then they shouldn't have deducted vacation pay for the time off. As long as she can prove the in lieu of on a paystub instead of vacation pay being deducted she should be ok.

[GrrlGoalie33]

Unfortunately, all overtime and vacation was done in good faith on her part...I think she's screwed . It was a relationship that was very good for a long time, then recently one of the partners became involved in the day to day operations of the company and the relationship went downhill VERY fast.

[ken0042]

At her work, does it show vacation accrual on every paystub?

Assuming she was owed 3 weeks but got paid for 2, does it show 3 weeks accrual on the paystub? If so it sounds like she has the proof she needs.

[Temporary_User]

^ I'm pretty sure vacation is based on a percentage of each of your cheques (4% or something) which works out to be 2 weeks. That way if you are in a job that works a lot of OT on average, your vacation payout will look like a typical 2 week paycheque.

[GrrlGoalie33]

I guess the biggest problem here is that her overtime was worked in good faith, after being told they would work something out. She then took vacation, being told not to worry about it counting against her vacation earned, that they'd work something out. None of that had any contract or email tracking - it was all done in good faith. She was a salaried supervisor for this company and worked in excess of 700 overtime hours in the last year and a half and has taken no more than 2 weeks off in that time.

Does she have a leg to stand on with the "in good faith" thing?

[CaptainCrunch]

Not in the case of labour standards.

Unless there's something written down, they'll treat her like every other salaried employee, that overtime doesn't matter.

If her paystub for the vacation time taken shows that it came from vacation pay then she's kinda screwed.

If the manager is there that approved overtime in exchange for vacation pay, maybe she can remind him or her of the agreement.

[Huntingwhale]

Man l need a vacation.

[BlackArcher101]

Originally Posted by CaptainCrunch

Unless there's something written down, they'll treat her like every other salaried employee, that overtime doesn't matter.

Couldn't be more wrong.

Unless you are in the professions exempt from OT in the labor standards (ie, doctor, professionals, engineers, etc), then you are still owed OT even if you are salaried. Unless of course there is a blanket overtime agreement for all employeers saying otherwise (ie, all OT is given as time in lieu of).

For the OP... are her OT hours documented? If they are deducting the vacation taken, are you able to prove the OT wasn't paid? You still could go for the OT earned and not paid out.