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Final Paycheck After Resignation. Can Employer Ask For The Salary Paid Before Resignation

Discussion in 'General HR issues' started by Doug, Jan 26, 2015.

  1. Doug

    Doug New Member

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    I work on H1b for a consulting Company A based in MD (I am based in TX).I was on bench for 2 months while my extension at client was being worked on. Since this was taking longer than expected (something not in my control),my employer asked me to use my PTO time instead of Bench time.During this time I accepted a new job offer & resigned at Employer A. I was paid my salary on Nov15 for the week ending on Oct31(I resigned on Nov 16).Per the Employee handbook,I can encash up to 80 hours of unused PTOs (70 hours unused PTO balance as of Nov16). Now they are telling me that I own them money for salary paid to me for the month of Oct(I used bench time + accrued PTOs during this month). They are also trying to replace my Bench hours from Sept with the unused PTO balance so that they don’t have to pay it. Is it legal? Can they ask me for the salary paid to me while I was still employed by them? Also can they replace my bench time hours in previous pay periods with the unused accrued vacation time?
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You need to consult with an employment attorney concerning your specific case. Generally speaking, when an H1B employer signs an LCA, they agree to pay the salary on the LCA until the earlier of its expiration or the petition revocation. They cannot force an employee to use PTO to cover bench time.
     

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