can an employer take back holiday and vacation pay from 3 weeks ago because I gave 2 weeks notice?left me with a last check of 0 dollars

UPDATED: Sep 30, 2022

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can an employer take back holiday and vacation pay from 3 weeks ago because I gave 2 weeks notice?left me with a last check of 0 dollars

i live in new mexico..they did it out of spite and said thy have done it to a lot of emplayes and they got away with it,,what do I do..???

Asked on February 2, 2017 under Employment Labor Law, New Mexico


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, they can't take back any pay retroactively: if you already used the vacation day or the paid holiday already occured. Once pay is accrued, it belongs to the employee. Once you give notice, they would not have to allow you to use vacation days after notice was given--i.e. after an employee gives notice, the employer would not need to let him or her use any more vacation days--but that is only for days *after* notice is given; days before notice was given have to be paid. If your employer tries to take back pay you already earned or accrued, you could sue him to recover the money, for "breach of contract," or violation of the agreement (even if only an oral, or unwritten, one) pursuant to which you worked.

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