Can an employerdeduct vacation and holiday pay from afinal paycheck if it has already paid to me?

UPDATED: Jul 29, 2011

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Can an employerdeduct vacation and holiday pay from afinal paycheck if it has already paid to me?

My employer gave me 2 weeks paid vacation when I started working there. Whenever I asked for a vacation day, they gave it to me and paid me for it. Also, they gave me holiday pay on July 4th because I was bothered while on vacation. Now they have taken the vacation and holiday pay out of my final paycheck. Can they do this?

Asked on July 29, 2011 North Dakota


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you have been actually paid for vacation pay that you earned, your employer most likely cannot legally take away something that you earned and were paid for unilaterally by debiting such from your final paycheck.

You should voice your complaints in written form to your employer immediately asking for the refund of the money debited from your final paycheck keeping a copy of your correspondence for future reference. If you do not receive the return of what was debited from your final pay check by a certain date by your former employer, you should go to your local labor department to discuss what happened and possibly file a complaint against the former employer.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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