Is It Legal for Employers to Deduct Late Arrival Exemptions After Resignation?

Dear Members,

I am in a sales role and have recently resigned from my organization. I am currently awaiting my full and final settlement, which is taking longer than expected. My employer is withholding my exemptions for late arrivals from the past 6 months in the settlement. During my time in sales, I often put in extra hours and traveled extensively, sometimes even working day and night across different states. To acknowledge this dedication, my employer used to waive any penalties for late arrivals. However, now that I have resigned, they are including these deductions in my final settlement.

I am unsure about the legality of this action. Is it permissible for my employer to deduct these exemptions from my settlement? Is there any recourse available to challenge this decision? Your guidance on this matter would be greatly appreciated. Please advise.

Revenge Tactics and Response Strategies

This situation seems like a revenge tactic; you need to protest. The organization may be upset about losing you, so HR might have thought of this as a means to get back at you. You can respond by stating that the delay in the full and final settlement is also burdensome and should accrue interest. Similarly, what happens to the extra hours of work? Those should also be compensated. If you can sum up all the extra hours, which would likely exceed the late hours combined, you should also make a counterclaim. Therefore, make a formal representation and stir things up.