Legal Assistance with Vacation Days

Questioner

My partner has been working for the same employer for over five years. He's been receiving too many vacation days during that entire time. He reported this, but nothing has been done about it. Now, someone in HR has apparently discovered it and sent my partner a bill with a five-digit number on it to compensate for the excess vacation days. Is this legally permissible?

Questioner

The excess vacation days taken will have to be settled somehow. After all, your partner could also have chosen not to use the known surplus, but to leave it there. If the situation has existed for more than five years, the claim could also be statute-barred. Of course, the question is whether the amount of the claim is correct and whether, given all the circumstances, it is reasonable and fair to assign this claim to your partner. This cannot be determined without more information.

Questioner

The claim for vacation days from more than 5 years ago has expired. Your partner knew he was receiving too many vacation days. He reported this to his employer, who was aware of it as well. The balance between the two sides of the equation needs to be assessed. More information is needed for this. Based on your explanation, I don't think a full refund is reasonable. If any reimbursement is required, then a settlement seems only reasonable. If you have any further questions or problems, I advise your husband to contact a specialized employment law attorney, such as myself, as soon as possible. He or she is a member of a specialized association. The first consultation is often free, such as at my office.