fired and now withholding pay

[ajsnana2011]

I was recently fired for a legal, but ridiculous reason. I have not filed a complaint about that but I worked 9 out of the 16 day pay period (I was a salary workers who got paid twice a month) and when it came time to get paid for the time I worked, I was informed by HR that they would Be keeping my paycheck because of vacation time I had taken earlier this year. I had been employed by this company for 17 years in which I had accrued 20 days a year for payed vacation. I had already taken 15 days when I got fired but apparently since I was not employed for the entire year they are keeping my final paycheck for the extra 5 days. I had no intentions of not working throughout the entire year and I had not been made aware of this until two days after I was awaiting my pay. Is this legal and if not, how do I go about getting my pay? My Immediate supervisor was the problem while working there so she would be of no help.

 

[mightymoose]

First things first, contact them and demand (politely) payment for the days you worked. If you already did that then do it again and let them know you are going to make a report to the state Department of Labor and consult an attorney- then do so. You can likely get a quick consult for free and figure out where to go from there.

 

[cbg]

In what US state is this?

ETA - sorry, just saw that it was NC. Let me check a couple of things and I'll get back to you.