Is it illegal for employers not to pay out vacation time when you quit?
Emily asked:
I will be resigning from my position shortly and although I have only been there 8 months, I have earned 5 vacation days. I have a feeling that my boss will try to get away with not paying me for that time. Is that illegal?
It states in the handbook that the 5 days is earned after 6 months.
Bruce
I will be resigning from my position shortly and although I have only been there 8 months, I have earned 5 vacation days. I have a feeling that my boss will try to get away with not paying me for that time. Is that illegal?
It states in the handbook that the 5 days is earned after 6 months.
Bruce
Tags: Boss, Vacation Days, Vacation Time
July 23rd, 2009 at 2:16 am
Charlene
I think you have to fulfil a year obligation first ya nut!
July 23rd, 2009 at 10:40 pm
Ramon
It depends on the job. Just check online for your state labor laws and type in vacation pay.
July 26th, 2009 at 6:40 pm
Shawn
It really depends on the job. If you want them for sure, take your week of vacation as one of your final two weeks.
July 27th, 2009 at 1:56 pm
Melvin
If the vacation time has been earned for “time served” then you are entitled to it. If you have been given 5 days vacation per year, then you must work the full year to receive the benefit. Big difference.
July 28th, 2009 at 7:23 am
Frances
Earned vacation is just that - earned. It’s yours and can’t be taken away. The question is whether it was earned. It may depend on your state’s laws. Some employer’s policies may say that vacation accrues, but doesn’t vest until after a year of employment. In other words, you don’t get a vacation until you’ve worked a year. Check your state laws and employee manual. Assuming that your paystubs indicate vacation accrual, the employer would have to show you the written policy on vacation that would justify not paying you. Demand to see it. If in doubt, consult a labor lawyer. There may be a law that says if you win, the employer pays your attorney’s fees.