Can my employer pay themselves back using my unpaid vacation days in Ohio?

UPDATED: Oct 2, 2022

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Can my employer pay themselves back using my unpaid vacation days in Ohio?

I put in a 2 week notice before resigning from my job. After I left, a month
later I received an additional paycheck in error. Because of this error, my
company decided to take part of my vacation days to pay themselves back for the
error they made in sending me an additional paycheck. The vacation day payout was
substantially higher than my normal paycheck would have been, but now they are
saying they don’t owe me any money because once the taxes were taken out, and the
repayment, it somehow equaled a zero balance owed. I also have a garnishment that
they paid twice due to me technically having 2 checks even though the second
check is zero. Do i have any legal action to get part of my money back?

Asked on September 18, 2019 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

They had no right to 1) take any money without your consent or without a court order to do so; and 2) have no right to more than was overpaid to you in any event. So you can get money back, but before doing so, consider whether it is worthwhile: they are allowed to recover an overpayment, and will undoubtedly bring up any overpayment in any court case. To oversimply, the court will net out what you owe them vs. what they owe you. So say (for sake of illustration) that they owe you $800 but you owe them $600 for overpayments, etc.; in that case, you'd get only the $200. You need to decide if that is worth pursuing legal action over.

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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