Can an employer take away vacation/sick paid days to compensate the company for accidental product loss?
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Can an employer take away vacation/sick paid days to compensate the company for accidental product loss?
2 veterinary technicians were on duty and at the end of shift we are required to
perform certain closing tasks. One of these tasks is to put away in house testing
supplies, if not refrigerated over night the tests are no longer good. One box of tests
with 20 remaining tests valued at 359.80 per management, were lost due to not
being refrigerated. Management gave us disciplinary notices which stated that there
will be loss of 2 vacation/sick days to compensate for the cost of the lost product. Is
this legal to do?
Asked on April 27, 2019 under Employment Labor Law, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
They cannot take away sick or vacation days you have already earned, since you already performed the work you agreed to perform in exchange for certain compensation, including those days. So taking away existing days would be illegal. However, you may still wish to allow them to do this, since the things they can legally do are worse:
1) They can cut your pay going forward--reduce your salary or wages--for a mistake like this.
2) They could reduce the number of vacation, etc. days you earn in the future.
3) They could susped you without pay.
4) They could terminate you.
Unless you are protected by a written employment contract, you are an "employee at will" and the employer may suspend, terminate, or alter the terms of your employment whenever they want, for any reason--including for having made this mistake. It happens that taking away already earned days is the only thing they can't do unless you agree to let them do it, but their other options are worse for you. You may therefore wish to consent to this.
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