If my husband was laid off and given a final settlement/adjustment to cover unusedPTO but his company now saysit made a mistake, can it take it back?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my husband was laid off and given a final settlement/adjustment to cover unusedPTO but his company now saysit made a mistake, can it take it back?
It wants to recover unused vacatiob/sick days.
Asked on February 2, 2012 under Employment Labor Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It depends by what is made by a "mistake":
1) If there was an agreement as to what he should receive, and they accidentally paid him more than that (or paid him for something there was no agreement to pay him for), they may get the extra or excess back.
2) If they agreed to pay him for his unused PTO, but then later changed their mind or thought better of it, they may not recover it--they have to stand by the agreement made with him, even if they wish they had not agreed to that (or even if someone realized that he or she violated company guidelines or his/her own boss's instructions in making that agreement).
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 AttorneyPages.com 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.