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I have a friend who was fired. Her employer will not give…

Customer Question
I have a friend...

I have a friend who was fired

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

Her employer will not give her vacation pay due her Texas

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

Full time salaried

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

How can we get what's due her?

Submitted: 10 months ago.Category: Employment Law
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Answered in 7 minutes by:
10/6/2017
Employment Lawyer: Marsha411JD, Lawyer replied 10 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,991
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified

Hello,

Thank you for the information and your question. First, it is important to understand that neither Texas nor Federal law require that an employer provide vacation leave. If the employer does, then they set the rules as to the use, accrual and potential payout of unused leave upon separation.

Thus whether or not your friend is entitled to any payout of that unused leave depends entirely on whether there is a contract that says it is payable upon separation. If there is, then your friend can file a wage claim with the TWC or file suit in small claims court for the amount owed. If there is no statement, then your friend could not file a wage claim and would not likely prevail should they file suit.

This is a link to a summary by the TWC of the law of vacation pay in Texas: http://www.twc.state.tx.us/news/efte/vacation_and_sick_leave.html

Please feel free to ask for clarification if needed. If none is needed, then if you could let me know that I covered your question and also leave a positive rating in the ratings box on this page of my efforts to provide you with the information relevant to your question, then the Site will give me credit for assisting you today. Thank you

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Employment Lawyer: Marsha411JD, Lawyer replied 10 months ago

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 6th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

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. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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