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Paralegal Bill
Paralegal Bill, Paralegal
Category: Employment Law
Satisfied Customers: 2243
Experience:  15 years of business, employment and legal practice experience and education.
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can a employer not pay out vacation time when you quit

Customer Question

i had 1 week vac time accured, gave more than 2 weeks notice, but this past week called out 2 days because of a chronic back condition they say now they wont pay the vac time
Submitted: 9 years ago.
Category: Employment Law
Expert:  Paralegal Bill replied 9 years ago.

They can not. Since you quit they do not have to pay out the vacation until the final pay period check that you would have received after this past week of work but they do by law have to pay it out. They can use two of your vacation days for the days you called in sick (if you didn't have any sick days accrued).

If they want to continue giving you a hard time then you need to contact the Equal Employment Opportunity Commission and Department of Labor Offices in your area and file a complaint to have your case opened. One or both (depending on the details of your claim) will open a case and if you win you could be entitled to vacation wages, and other compensation and the employer could be cited and fined. You can find a local office for each by going to http://www.eeoc.gov/ and http://www.dol.gov/

Good luck. If you have any other related questions please let me know. If you found this answer helpful please accept so I can continue to help others like you in the future. Thank you.

Paralegal Bill and other Employment Law Specialists are ready to help you
Customer: replied 9 years ago.
thank you this does help.....i did have 3 sick days accured, but since i gave notice, they refused to let me use them....they said once notice was given cannot use sick time.....i also gave notice on thurs feb 7th in am and my last day was to be feb 22, but mon feb 18 was holiday called out tues and wed worked yesterday and today snow.
they said since i only gave 2 weeks notice, and called out i am not intitled to my vac pay.because i did not work the full 2 weeks, can they do this??
Expert:  Paralegal Bill replied 9 years ago.

No. You have a claim and I would contact the Department of Labor today. All the two weeks notice does is give them notice of your last day. During that two weeks you can use all of your sick days if you wanted to and by law they must pay you for all unused vacation time when you leave.

Good lukc.

Customer: replied 9 years ago.
THE JOB IS NOW TELLING ME THAT SINCE I DID NOT WORK THE FULL 2 WEEKS, THEY WONT PAY THE VAC TIME
AND THEY WOULD NOT LET ME USE MY SICK DAYS I HAD ACCRUED.....THEY SAY THIS IS THEIR POLICY...IS THIS TRUE? CAN THEY DO THIS???
Expert:  Paralegal Bill replied 9 years ago.

No. At this point I would file with the EEOC and the DOL. Both will get involved and take care of this for you. Company policies can not be made up as they go along and they must be disclosed in advance (while you were an employee) in order to be found legally effective by the EEOC and DOL.

Good luck.