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legalgems
legalgems, Lawyer
Category: Employment Law
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I was employed in Chandler, AZ .3 years and was off

Customer Question

I was employed in Chandler, AZ for 6.3 years and was laid off 4/15/16. My employer will not pay me my unused vacation time of 140 hours. Is there any recourse I can take to get the money owed me?
Submitted: 7 months ago.
Category: Employment Law
Expert:  legalgems replied 7 months ago.
Thank you for your question.Here is the relevant statute:3-353. Payment of wages of discharged employee; violation; classificationA. When an employee is discharged from the service of an employer, he shall be paid wages due him within seven working days or the end of the next regular pay period, whichever is sooner.B. When an employee quits the service of an employer he shall be paid in the usual manner all wages due him no later than the regular payday for the pay period during which the termination occurred. If requested by the employee, such wages shall be paid by mail.C. Every employer, including this state and its political subdivisions, shall pay wages or compensation due an employee under this section in lawful money of the United States by negotiable check, draft, money order or warrant, in the case of the state or any political subdivision, which can be immediately redeemed in cash at a bank or other financial institution, payable on demand or by deposit in a financial institution of employee's choice and dated not later than the day upon which the check, draft, money order or warrant is given, and not otherwise.D. A person violating this section is guilty of a petty offense. What this means is that an employer may withhold payout for accrued vacation if there is a clear policy stating this. Since the employer must pay all "wages" due to an employee shortly after termination, the labor board will look to see whether accrued vacation pay counts as "wages" depending on a variety of factors, but the most important factor is whether the employer has a policy defining it one way or the other. So for example, if other employees are paid out their vacation time, then the employer would typically have to pay this upon termination for all employees similarly situated. Further questions? Please post here to continue the chat. Satisfied? Kindly rate positively so I receive credit for assisting you.(no additional charges are incurred). Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.
Expert:  legalgems replied 7 months ago.
Thank you for using Just Answer.I hope the information provided was useful.Here is a link to the bar association's legal referral site:http://apps.americanbar.org/legalservices/lris/directory/Should you have further questions please post here; otherwise kindly--- Rate Positively---so the site credits me for assisting you.Thank you and take care!

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