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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4999
Experience:  Extensive experience representing employees and management
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Hello. Before taking on part time position at my previous

Customer Question

Hello. Before taking on part time position at my previous employer, I was full time and had accrued almost $900 in earned vacation pay. When I took the part time position, and asked for my vacation pay, I was told that I had relinquished my vacation pay when I become part time. No one told me about this prior to my going part time (not my supervisor or the HR); and, several emails - over several months - to the HR department, where I asked for a written explanation of the policy - if one exists - have been ignored.

I no longer work for this company; but feel that I'm entitled to my vacation pay that I earned while working full time.

What say you? This company is headquartered in Maryland.
Thank you.
Susan
XXX@XXXXXX.XXX
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello Susan and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service today.

Can you tell me if you are working in California or Maryland (since your question was categorized in California Employment Law)?

Customer: replied 1 year ago.

the company is located in Maryland and I was working in Maryland at the time.

Expert:  Joseph replied 1 year ago.
Hello Susan,

Can you tell me whether any vacation time policy was communicated to you at the time of hiring, or if you have an employee handbook that states a vacation policy?
Customer: replied 1 year ago.

Well, that is why I have asked HR for a copy of the policy. I don't remember ever seeing one - no one else has either - for this has happened to another employee, as well. He was denied his vacation pay when he went part time, but no one told him and no one at HR will respond to his email asking for a copy of the policy. Although, HR will provide copies of its policy in the past - it is only this issue that the company will not respond about.


 


Emails to HR, requesting the policy have been ignored.

Expert:  Joseph replied 1 year ago.
Hello Susan,

Well, the law in Maryland is that your employer must have a policy in place that denies you payment for unused vacation hours AND that policy needs to be communicated to you at the time of hiring, in order for your employer to deny payment of your accrued vacation time.

So, you are definitely entitled to be paid for the unused vacation time. However, your employer is only entitled to pay you for unused vacation hours at the time of termination (they don't have to have a 'cash out' policy), so you'd have to wait till your employment relationship ends before filing a wage claim or filing suit against your employer.

For more information see here:

http://www.ober.com/publications/220-panel-court-special-appeals-maryland-declares-accrued-but-unused-vacation

and here:

http://www.dllr.state.md.us/labor/wagepay/wpunusedvacpay.shtml


Since my goal is to provide you with excellent service, please let me know if you have any clarifying or follow up questions.

Thanks and best of luck!
Joseph, Lawyer
Satisfied Customers: 4999
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Expert:  Joseph replied 1 year ago.
Hello Susan,

Thank you for your positive rating of my service and the generous bonus! It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should you have future legal questions.

Please request me directly by placing “to Joseph” at the beginning of your question and/or requesting me directly in California Employment Law.

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and best of luck,

Joseph

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