Need legal opinion regarding previous employer.

[BiB]

To make a long story short my previous employer (5 months) is refusing to give vacation pay, which i am legally entitled to. Their reasoning is that they paid me sick pay during my time there (sick pay worked out to about the same amount) - and yet they were not legally obliged to do so.

My question is this: If I am definitely and legally entitled to vacation pay I can get it - BUT is my previous employer legally entitled to getting reimbursed for sick pay when they knew full well at the time that they were paying it? Can they actually sue back money that they willingly and knowingly gave to me for sick leave even if perhaps technically it was not owed to me?

BiB

 

[oldandquitemad]

It sounds like maybe they were doing you a favor when they paid you "sick pay".
Now that you are leaving they aren't inclined to do you any more favors. Sure, you can sue them, but you should calculate the cost of litigation against any sum you plan to recoup.
It usually isn't worth it.

 

[BiB]

No I don't need to sue them or anything, all I need to do is get the labour board to launch a formal investigation (its free), and fear of that when the employer knows they are entitled to nothing is enough that they will give the money. They did me NO favors at that company, one could think these cancel themselves out but I want my money, they are a terrible employer - I don't even care about the money; I want them to know they can't treat people as they have (and do).

So, legally speaking are they entitled to get this sick leave from me?

BiB

 

[T2T III]

What kind of probationary period did your employer have? Some companies don't permit sick leave to be taken for the first 6 months -- you were there only 5. Are you depending on this company for any references? If so, forget about fighting for the vacation pay.

 

[BiB]

I already looked into sick pay and I know for a fact I was not legally entitled to it - but I already received it anyway, so can they legally ask for that back and expect to get it? If not I am going to go-ahead on the demanding of vacation pay because I know for a fact I am entitled to it.

Regarding references yes I know thats already not gonna happen, I let my employer know what I thought of her already I was not unprofessional about it. I also have no intention of personally pursuing this legally - I don't care enough for that - but I do need to know where I stand and whether she is entitled to demand back sick pay she already paid to me (even though I was not entitled to it).

BiB

 

[Zorro]

I beleive in most states vacation time is a benefit. Therefore if you no longer work for them then you are NOT entitled to it.

 

[BiB]

Ok I have actually consulted the labor board. I am telling you all for a fact 100% I am entitled to vacation pay. I was to get it during my employment with them, never received it, and upon leaving asked for it - they have to pay it to me within 10 days (I've looked into it) - vacation pay isn't even an issue at this time, I know its mine.

All i need to konw for sure is this: Can an employer demand back money from an employee if the employee was overpaid. If the employer can, how long do they have to do this? 30 days? 3 months..?

BiB

 

[sookaa]

i am in canada, so it may be different:

but they paid that money out to you willingly and under known conditions...i.e. they knew you were sick, they knew you wern't entitled to it. It was a benefit, that they paid.

Now, you can go to labour board and launch an investigation into the fact that they havn't paid vacation pay, at no cost to you, and they will be forced to do so by whatever power the board has. if they feel that they want to claim back the sick-pay they gave you, they would have to go the full legal route and they probably arn't willing to do that.

sookaa

 

[reitz]

For the same reason that you won't sue them for your vacation pay, they won't sue you to recover that sick pay. For it to be worth your former employers time and legal fees, they would have to recover several thousand dollars.

In the event that they are legally entitled to ask for that sick pay back (and I really have no idea on that), your former employer doesn't have an agency they can call to recover the money. Their only resource is to take you to court, and would any business really pay a thousand in legal fees to recover a few hundred dollars?

You said the money worked out to about the same amount. I would just let it go. It's not the first time someone has been screwed over an employer, and it certainly won't be the last. Do you already have a job? If not, this is not something you want to be getting yourself into. If a company looking to hire you decides to check into the company (not neccessarily for a reference, just to verify you actually worked there), you can be assured you won't get the job.

 

[Croton]

don't quote me on this, but i'm pretty sure that after 10 days of quitting/retiring from your job, your employer has to pay you all of your fees & salaries, or they get in big trouble...

i remember this from training a couple of years ago...

 

[BiB]

Reitz I have a job - they did the exact same thing to a friend - so basically its to teach them a lesson and it looks like I won't have to bother putting in much effort to do it. I won't take them to court, I may or may not file an investigation with labour board...

croton they did pay things and you're right its 10 days - well they paid my salary just not vacation pay!

BiB

 

[reitz]

You might also want to check your employee handbook on it. Mine states that as long as I voluntarily quit, and give the proper (2 weeks) notice, I'm entitled to receive all of my vacation and sick pay. If I get fired, or don't give 2 weeks, I'm SOL.