My position was terminated today , I was given a final paycheck minus the negative PTO I had . I am salary now , I was considered hourly when I originally went negative with vaca time. There was no written policy or a signature from me agreeing to lose th

Greetings:

I know of no state (and in particular there is no RI law) or federal law permitting the deduction of negative PTO or any sum claimed or due the employer, unless the employee provided the employer a specific written authorization to make deductions for that purpose from their future paychecks.

I would be glad to consult without charging any fee. Once we confer and you provide me all the specifics needed to be in a position to comment, I will gladly spell out your options regarding what I will provide you as a summary of your available practical options.

TIMING [and sequencing your assertion of your legal rights] IS EVERYTHING! Even if the employer handed you a sworn statement that they owed you a full year's pay, never sue or complain right away: 1) Determine the applicable statute of limitations for each claim - assume you have no less than 90 days from when you first learned about the adverse action or harm and worry about longer deadlines later; 2) be polite and non-confrontational with the employer and HR - ask fact gathering questions - gradually, as needed : can I get a letter of recommendation, how do I extend my family's health care coverage, what will the company say to unemployment and to prospective employers that interview me; 3) prepare your resume, investigate replacement jobs and undertake a thorough job search without delay - and KEEP A JOB SEARCH RECORD - for both unemployment and to prove damages; 4) figure out how to apply on-line for unemployment; 5) do not talk about your claims against your former employer with anyone still employed by or associated with the company and really limit your discussion to "family" and attorneys you interview; 6) if the company hears that you lawyered up, then the company uses its attorney who has to play cowboy - HR and Company owners make more mistakes than even the dumbest attorney, I get you educated to legal issues, you explain the key facts to me and you and I write a letter that lays the law in between the lines, reveals no attorney involvement, politely asks for what you really need and invoking the law without saying so explains why your request is fair, reasonably and factually well reasoned; 7) decide on the best overall plan - which whenever possible mandates that you find your next job before going on the attack against your former employer. Many employers discriminate against potential new employees bases on age, race, national origin, perceived disability, gender, etc. but ALL EMPLOYERS DISCRIMINATE AGAINST APPLICANTS WHO SUE OR MERELY GRIPE ABOUT A FORMER EMPLOYER - GET YOUR NEXT JOB BEFORE YOU COMPLAIN WHENEVER POSSIBLE. Often you may need to fight it out at unemployment fairly quickly - so the timetable for the necessary unemployment dispute may tie your hands. NEVER TRUST HR. HR only cuts a deal with you if a manager tells HR to do so. Good luck. Chip Kirwan 1-877-WAGE LAW

posted by Charles Kirwan  |  Feb 13, 2016 3:20 PM [EST]