You leave a NJ job March 2007 which has 15 days vacation 5 sick-personal days each year 20 days total per year - last year you took 8 days over took 4 this year-can employer charge for your days over?
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Answer:
I believe you are looking at it wrong; your employer need not "charge" you for your days over... just need not "pay" you for them. And if unexcused, could discharge you for them, subject to any union or personal contract stipulations, if applicable. Exit Interview Penalties: Policy First Those things which any employer can, and cannot do are governed either by the laws of the land and community or, in a far stricter sense, by the Policy Manual. Whatever policies affect you are in that manual; and, as far as the penalties for breach of policy on your part, the remedy may be outlined only--- making it a matter to be left to the discretion of those on the company "Hit Squad". For an employer, termination of a less-than exemplary worker's employment is always an option; and, if that employee got into the employer's pocket, whatever was lost should be recouped if possible. If the manner in which the employer seeks compensation for "overdrafts" of your sick-day account is in the form of a levy upon your last paycheck, and you do not feel the employer is within their rights in doing so, legal action will be necessary for you to rectify the situation; and, an attorney in your area needs to be consulted over the legality of the matter and the recourse. While it may seem as though you can prevail through action in the courts, it may also be the case that the expense of court action or attorney involvement(should you have a case) would deplete whatever money you were owed, even should you win. If the matter was presented for adjudication to a judge in small-claims court, your rights to compensation for the days you claim, opposite to company policy, would come under scrutiny. If those days were not properly filed for by you as part of coverage under FMLA or another plan, you would be left with little to support your invokation of right. The judge will likely have some difficulty finding it equitable for an employer to compensate you fully for a month away from work, when twenty of those days were granted--- and an additional four in the first quarter of this year--- without compelling reason to do so! :)
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