Can the employer denied not to pay the vacation time at time of discharge?
Unlucky person asked:
The employer did not give the employee the final check which was the vacation pay. The employee had to request forr the vacation pay a few days later. The employer denied and gave execuse because the employer is not able to find the tracking records for the employee’s vacation usage?
Please help!
Ricardo
The employer did not give the employee the final check which was the vacation pay. The employee had to request forr the vacation pay a few days later. The employer denied and gave execuse because the employer is not able to find the tracking records for the employee’s vacation usage?
Please help!
Ricardo
Tags: Few Days, Vacation Pay, Vacation Time
July 11th, 2009 at 3:23 pm
Douglas
IN the US, try the National Labor Relations Board
July 12th, 2009 at 4:54 pm
Floyd
The employer is not legally bound to pay for unused vacation pay. If the employer’s handbook states that you are entitled to unused vacation pay, then you can collect it. Otherwise, it’s just lost. This is why some people use up their vacations before quiting their job.
July 12th, 2009 at 5:49 pm
Ramon
If the company policy is that the employee gets paid for unused vacation at the termination of employment, then the employer is legally required to pay it. Not having “tracking records” is not the employee’s fault, and the employer is still responsible.
The employee needs to contact their local Labor Board. As a last resort, they should get an attorney to sue the employer for the money, and aggravation and distress because they had to take them to court to get it. But, the Labor Board will most likely get it sorted out without having to go through an attorney. Keep in mind that there is a statute of limitations on suing - one or two years depending on the state you’re in. When the statute runs out, you lose the right to sue. So keep that in mind when considering getting an attorney - you’ll want to preserve your right to sue should the Labor Board not get your money for you.