Employer provided benfits/deductions -- HELP ME PLEASE!

[Guest phuji]

I am writing with regard to a two-fold problem that I am experiencing with my former employer, The New Haven Register. It was there that I worked as an advertising sales executive.

The first problem is one regarding paid vacation. The company policy is to give two weeks of paid vacation upon completion of one year of service, which must be taken by the end of the calendar year in which the anniversary date falls. They also have a policy that does not allow advertising dept. employees to take vacation time during the months of November and December.

I began work for the Register during the month of November 1997, and completed one year of service in November 1998. Because my anniversary with the company fell during the "blackout", I had to request that a special exception be made for my vacation time to be taken. I was granted special permission by management that allowed me to take one week of vacation a few weeks early, in October. I was also given special permission to carry one week of vacation into the first week of 1999. I have documents signed by management to verify this.

I took the first week in October as scheduled, but decided to leave the company effective December 31, 1998. I was never paid for the second week of vacation, which I would have taken the first week of January 1999. I feel that I am entitled to this weeks pay of $450, as it was not my fault I could not take vacation time by the end of the year. Their policy is not to pay vacation time upon separation, but they had already made one exception to their policy, due to the circumstances, why not another?

I filed a complaint with the CT Board of Labor, Wage and Workplace Standards Division, but they said they could not help me, as it was a matter of fringe benefits, not wage. I have been told that there have been similar complaints filed with the Massachusetts Attorney General, and the Journal Register Company (parent company of the New Haven Register) had to pay the vacation.

The very same handbook that contains the "nonpayment of vacation upon separation" says absolutely nothing about the "blackout" period of Nov/Dec.

That brings up the second problem. I was married in May 1998, and had gone to the Human Resources office of the New Haven Register to make arrangements to have my wife added to my medical insurance, and adjust my wage deductions accordingly.

On my last day of employment, I was paged into the Human Resources office, and told that the Payroll Department made an error and had never made the adjustment to my wage deductions to account for my wife being added to my insurance. They had calculated that I owe the company $888.30. I was then told that I must sign a waiver that would allow them to deduct that amount from my final commission check. I refused because I did nothing to mislead or defraud the company in any way. And even if I did sign the waiver, why should I be forced to pay them back in one lump sum. They did not "pay" this money to me in one lump sum. I asked if a payment arrangement could be made, and they said no, as I was leaving the company. I had already given my two weeks notice.

Needless to say, I left on bad terms. In the following weeks, I have received several letters from their attorney stating that they intend to take legal action unless I pay them in full.

Is it the law that I need to pay them the money they are seeking? And if it is, do I have to pay it back in one lump sum?

If they bring this to the point of litigation, can I bring a counter suit for the disputed week of vacation?

Please feel free to email me at

markf@megahits.com

Thanks!

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[Guest nac]

Being a CT resident myself, the Register doesn't sound exactly like the place to work. I'm kind of surprised that Wage/Hour wasn't able to help you.

If I were you, I'd go back to them and make an offer - you'll drop any action on the disputed vacation if they'll eat their administrative error on the dependent benefits. Second line of defense would be to continue to contend that they owe you $450, so you'd only agree to pay the difference. On a payment schedule, of course.

Good luck.