AboutShirley 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
Question My employer has refused to send my last payroll check after I tendered notice to retire. I am a NC resident working in a sales position for a company whose corporate headquarters are located in Atlanta, Ga. I gave the company a two week notice of my intent to retire on June 1, effective June 14. I e-mailed my notice to my direct report and the VP of Human Resources, and followed up the e-mail with a letter to each. I worked June 1, and took vacation June 2 through June 5, and June 8 through June 12 of which I accrued and was entitled based on my years of service. The employer is claiming that I "abandoned my job" is refusing to send me my payroll check for the period of June 1 through June 14. I have retirement documents that clearly post my termination date on June 14. I also have final expenses of $181.66 that I submitted to the VP of Human Resources that were required as a part of my job that the company also has not responded. I am also assuming that they have no intention of paying this as well. What recourse do I have through the State of North Carolina to collect my last payroll check and expense check? Or do I need to hire an attorney? Due to the expense, I would prefer to not have to hire an attorney. Are there any laws in the State of North Carolina that protect employees against this type of situation?
Answer Do you have any documents showing that the vacation time was approved by a supervisor or Human Resources? You are not allowed to just take off on Vacation without authorizing it first with someone and having it approved. If you are off work and you have not had your vacation time approved than it could be considered that you quit since you did not show up to work.
If the expenses were incurred before or on June 1st they should be covered the same as any prior exepense were covered. If they were incurred after June 1st they will not be paid. You should be paid for June 1st.
The company is not required to pay vacation pay if it was not authorized by the company for you to take even though it was accrued. Most states do not require vacation time be paid out when an employee quits or retires.
