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I worked for a company for 14 years. I put my notice in

Customer Question
I worked for a...

I worked for a company for 14 years. I put my notice in September 6th. My anniversary date was September 2nd. I had accrued two weeks vacation but they didn't pay me for it. Can I collect it?

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

Texas

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

I was a full time salaried employee.

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

They paid me for two of the three vacation days I had left over that I didn't take - but not the two weeks I had accrued and was eligible for beginning September 2, 2017

Submitted: 10 months ago.Category: Employment Law
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Answered in 4 minutes by:
9/23/2017
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 10 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,626
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Texas law on this is rather confusing. The state only requires that an employer pay out vacation to the extent that they have promised to do so. So, we have to look to company policy here. If it is the company policy to pay out vacation at termination, then you have to look to that employer's definition of accrual. If the employer allows immediate accrual of that leave (meaning that you could immediately take it and, if you left right after there would be nothing owed back to the employer), then you could argue that it was fully accrued and should have been paid out.

Regardless, the only way to truly know the answer here is to file a wage claim with the Texas Workforce Commission so that they actual definition can be determined and the decision rendered.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Employment Lawyer: Allen M., Esq., Employment Lawyer replied 10 months ago

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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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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