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I got my last check from employerX and it has my vacation payout and last week of work pay on it. I immediately noticed that it looked less than what i anticipated. They got the vacation pay right, but the pay for my last 5 days of work was way low. I did some math and sent them what i had expected it would be and asked if they could send some details how they came to their number. Here's what i sent. So, I get paid twice a month and for arguments sake, say i make 400 per paycheck. The pay period would normally be Apr 16 to Apr 30 which is 11 working days. But since my last day was Apr 20, i only worked 5 working days. So, I said that i figure my pay for that time should have been 400 div 11 mult 5 is 181 or if maybe they used my hourly rate based off of 2080 work hours in the year. So, 9600 salary div 2080 mult 40 hrs worked is 184. The amount they had actually paid out was only 133. Their response was that they said there was 15 days in that pay period and so 400 div 15 mult 5 is 133. I replied that they are making the assumption that i work weekends, which i don't and can't. I further said that if that was the assumption, that I owe them a bunch of PTO for all the weekends I didn't work. I said this is not consistent with how we've always billed work. They replied that this was there policy and basically blew me off. I asked some buddies and they brought up the ideas that maybe it had something to do with being Exempt or non Exempt. I said that I thought I was non Exempt because I receive additional pay for OT worked. I asked the employer directly and they said I was Exempt. I still wasn't convinced that how they paid me was fair and sent this explanation. If I take a day of PTO, I get paid for that PTO day based off of the day being 1 of 11 possible work days, so i get paid 181 for that PTO day. I am guessing that a non Paid day off also is treated based off of 1 of 11 possible work days and you guys would keep 181 from my pay check for that day. But for my last payout each workday is being treated as 1 of 15 and only valuing my workdays as 133. I did not receive a response. Are they allowed to do this? thanks

0 answers  |  asked May 1, 2012 04:34 AM [EST]  |  applies to Indiana

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