I just noticed that I was deducted one day's pay on my March 2016 paycheck. My timecard and leave time is all done electronically and I have my paycheck automatically credited into my checking account. However, when I called my employer about the deduction I was told that I had taken a sick day that I did not have, and that there is nothing they could do about it because it is written in the policy that employees only have 30 days to question or check into an error on paycheck. Well, I was not happy with this answer and when I pulled up my timecard online it did not show that I had taken a sick day that I did not have. Long story short, my employer, payroll person, changed her story and said it wasn't a sick day it was a personal day that I had taken and did not have to take so I had my pay deducted. My question is, even though the policy says 30 days to question errors, I have never seen that policy, been told that was the policy, or signed anything stating that I knew about the policy of 30 days, so is there any action I can take to have this reviewed and possibly fixed?
1 Answer from Attorneys
If you have not signed anything stating that you have been notified about the thirty day rule, then it will be hard for your employer to say there was a binding contract in this case. You could possibly go to the labor board or even court about this, but you may have signed an agreement to go to arbitration instead of court if there is a dispute. In any event, the decision rendered might be that 30 days is a reasonable amount of time, and you should have checked your paycheck sooner than you did. Another thing to consider is whether it is really worth it to contest this if you are planning on staying at the same job. While an employer cannot legally retaliate in a situation like this, it could create an uncomfortable situation for you at work, and you would end up leaving because of that. My advice is just learn from this and be sure to check your paycheck within 30 days in the future rather than fight your employer on this.