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About Shirley McAllister, CPP, PHR
Expertise
I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).

Experience
25 years in Payroll and Human Resources

Organizations
SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association)

Education/Credentials
PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

You are here: Experts > Business > Corporate Law > Employment Law > deductions from vacation pay

Employment Law - deductions from vacation pay

Expert: Shirley McAllister, CPP, PHR - 10/28/2009

Question
I was terminated from my last job. I had accrued 160 hours vacation pay which I received. My ex employer had deducted, medical, dental, disability and life insurance from this check. Is this valid? My life insurance for instance was valid only until midnight on the day of termination so I don't see how they can do this?

Answer
It depends on whether it was owed for the month or not. I think your insurance probably terminated on the last day of the month because the billing would have been paid for the entire month. If you are paid twice a month and had only paid insurance out of one check they can take it out for the second half of the month. The insurance does not terminate on the day you terminate. You will receive cobra information in the mail for all the insurance.

If you have paid all the insurance due for the month than it was probably an error and they just did not get the insurance flag turned off and the system took it out of your check. If this is the case just call the company and talk to payroll and tell them it was taken out in error as you already paid it in full for the month and see if they will write a check for the amount taken out in error.

If it is taken out in error and they will not write a check to you for the amount taken in error than you can file a claim for unpaid wages for the amount taken in error with the Department of Labor.

Shirley

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