I was fired from my job on a Monday (no official reason given) and sent home that morning. I spoke to the HR rep and she told me I would be paid for the rest of that week, I would get no severance, but could cash out my remaining PTO days. When I received my final paycheck, I noticed that instead of the 19 I expected, they paid me for 15. When I contacted the HR department, I was told they applied the other four days to the rest of that week. In effect, they "paid" me for that week, but out of my own vacation. This seems a little unprofessional to me, and unethical at best. I never authorized those days, did not request them and did not expect this. Do I have any recourse in the matter?
1 Answer from Attorneys
Hello. This website provides general information and general principles of law, not private legal advice. Of course, I am not sure whether or not you had an entitlement to that pay. You may certainly confer (typically for fee) with a private attorney, as appropriate, assuming more than a nominal sum is in issue. Any written documents supporting your position (for instance, the terms of your employee manual) would be helpful to the analysis which will serve as the basis for the legal opinion which the attorney will provide to you. Some attorneys are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in limited scope manner to conserve legal costs. All the best.
Tricia Dwyer, Esq.
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