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My employer is deducting $800 from my final paycheck claiming I have a negative PTO balance.
Anonymous5 views3 answers
I took some vacation at the start of my employment. Upon termination they underpaid me much more than I should have been. We had no real PTO tracking process, just internal emails which were rarely used. From what I've read online the practice of deducting negative PTO from the final paycheck may not even be legal in Illinois but I cannot confirm. What documentation are they required to keep? It's a shady company so if it only requires my manager to say I didn't show up that's not great for me. Thank you.
No---the employer can not unilaterally deduct from your final paycheck (or any paycheck!!) without your voluntarily agreement in writing at the time the deduction is made. Demand your money back in writing and give a deadline. If you don't receive the money by the deadline, seek assistance from the Illinois Department of Labor.
Deductions from your final paycheck are not allowed in Illinois, absent your written consent. With the modest sum involved, I urge you to contact the Illinois Department of Labor. They are pretty good at resolving compensation and vacation time issues surrounding a final paycheck.
I hope this was helpful!
J. Malkinson/Malkinson & Halpern, P.C.
