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I worked for a New York company from my home in

Customer Question
I worked for a...

I worked for a New York company from my home in Massachusetts. I was recently laid off (after only five months), my job was eliminated. Company rules in NY say I had to have worked for a full year at the company before I was eligible for a pay out for unused vacation. Is the NY company obligated to provide a vacation payout since 98% of my work was performed in Massachusetts? Thank you

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

I worked for a company in NY and I live in Massachusetts as it says above.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, I think I laid it out pretty well above. Thank you.

Submitted: 9 months ago.Category: Employment Law
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Answered in 4 minutes by:
9/12/2017
Employment Lawyer: Patrick, Esq., Lawyer replied 9 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,242
Experience: Significant experience in all areas of employment law.
Verified

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

The answer is very likely yes. Generally, a state will apply its own laws to the employment if the employment is occurring within its jurisdiction. This is true regardless of where the employer is based. As MA law requires employers to pay out all accrued vacation, this is likely something that could be recovered by filing an MA wage claim, which you can do here.

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.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

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Customer reply replied 9 months ago
Likely isn't helpful to me. The company in New York states that it will not provide a vacation payout unless the employee has been with the company for one year. But I live in Massachusetts. Am I or am I not entitled to a payout for unused vacation time. If you don't know or are unsure please let me know.
Thank you
Customer reply replied 9 months ago
I do not want a call and I want the $42 charged to my VISA refunded immediately. I signed up for a 30-day free trial!
Employment Lawyer: Patrick, Esq., Lawyer replied 9 months ago

I believe this is the question that I answered? I apologize if my answer was not clear. What I am saying is that if you work in MA, MA law should apply regardless of the state your employer is based out of. Since MA law requires the p payment of all accrued vacation, this should be what you are entitled to.

I hope this clarifies.

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Customer reply replied 9 months ago
Thank you
Employment Lawyer: Patrick, Esq., Lawyer replied 9 months ago

You are very welcome and sorry if my answer was initially unclear. Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service (using the stars at the top of the page) so that I may receive credit for assisting you.

Very best wishes.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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