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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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Recently quit a job and was unable to give a notice

Customer Question

Recently quit a job and was unable to give a notice therefore I was told that I wouldn't be paid my accrued vacation time. What are the laws in WV and how can I prusue this matter?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

In West Virginia, employers have no legal obligation to offer paid vacation time and so the law affords employers with discretion to adopt policies with regard to whether and under what circumstances an employee will receive payment for their accrued but unused vacation upon separation of employment. This means that if your employer has expressly adopted a policy to deny employees their accrued vacation, or has adopted a policy conditioning the payment of such time on the employee providing a certain amount of notice before quitting, that policy can lawfully be enforced.

The above noted, West Virginia courts have held that if an employer's policies are silent on the issue of whether accrued vacation is paid, then the employer must pay it. See Meadows v. Wal-Mart Stores, Inc., 207 W. Va. 203, 530 S.E.2d 676 (WV Sup. Ct. 1999). So, if your handbook/contract does not state whether you are entitled to payment, then you ARE entitled to it and can pursue payment by filing a wage claim with the WV Division of Labor Wage Claims. See here to initiate that process.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

Expert:  Patrick, Esq. replied 1 year ago.

Hello again,

I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed.

Very best wishes.