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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12613
Experience:  Significant experience in all areas of employment law.
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I was let go from my position at a very small accounting

Customer Question

I was let go from my position at a very small accounting firm. I was told by my employer that I would receive my vacation pay for this year but did not receive it. I want to know if they must pay it to me since I was told that I would be paid it.
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.
The promise your employer made after the fact was gratuitous and would not typically have created any legal obligation to pay for that time. The relevant question is what your contract or employee handbook says. If either of these documents provides that vacation must be paid upon separation of employment, or if both are silent on the matter, then your employer must pay the vacation. (See Fridrich v. Seuffert Construction Co., 2006 Ohio 1076 (OH App. 2006) However, if either expressly provides that an employee is not entitled to their accrued vacation upon separation of employment, or condition such payment on terms you did not comply with, then you would not be entitled to payment.
If you believe you are entitled to your accrued vacation based on the foregoing principles, your recourse is to file a lawsuit (you cannot file a wage claim to collect unpaid vacation in Ohio). If the amount is less than 3k, you can file in small claims court. Otherwise, you will need to file in general civil court, preferably with the assistance of a local attorney.
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.