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Barrister
Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 33798
Experience:  15 years practicing attorney
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I just left employment after a year and a half with this

Customer Question

I just left employment after a year and a half with this employer. I still had four days of vacation left and was told that I gave up those days because I did not give two weeks notice in writing however I gave two week notice verbally. Is the acceptable?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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This is going to depend on a couple things.. First whether they have an established policy of paying for vacation days that are unused when a separation occurs. And second, whether they have a policy that required a written two week notice.

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The Indiana Court of Appeals has said that if an employer promises or provides paid vacation based upon time worked, vacation pay is simply deferred wages. Under those circumstances, an employer must pay for accrued, unused vacation at termination according to the employer's accrual plan (Die & Mold, Inc. v. Western, 448 N.E.2d 44,

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So if there is an established plan, they have to follow it. But you would also have to follow it if they required your 2 week notice in writing.

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thanks

Barrister

Expert:  Barrister replied 1 year ago.

If they are refusing to pay you for that time and they have a policy in place stating that they will, or they have verbally told employees that they do, then you can threaten to file a formal complaint with the Dept of Labor for unpaid wages and that should scare them into just paying you.

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thanks

Barrister

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