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Martin |
Vacation Pay after being Fired?
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I worked at Sears in NY for 3 years and was recently fired. Legally, am I entitled to receive the 48 hours i earned in vacation time which I still have banked, or do I just lose them?
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Show all answers
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Wolfmoon
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It will be on your last check.
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Sara
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no they will pay for them if not talk to your union rep. if no union and it is not included in your last paycheck talk to your manager.
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paulcondo
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thy my friend have to pay it to you
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Jared C
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i think you get them
there payed right?
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Candy Cane
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I would call the Labor Board for that info. you don't have to give your name if you don't want to. I worked in Human Resources for 20 yrs. and they must pay you your vacation pay. They might have made an error. Check with Payroll first. Someone may not have submitted the right paperwork to Payroll.
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rolex
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martin, the law is on your side,although you were fired, that is money that is entilted to you. i know from personal exp.
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L.G.
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Don't know whether it was in USDC or Mass. state court, but just recently a class action case was concluded in Mass. where an employer was required to pay unused vacation pay that had been earned by former employees who had not received it when they left the company. Don't recall the company or the court, but this was decided within the last 2-3 weeks.
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MD/teacher
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They are suppose to pay but usually you are screwed and the company wins.
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mailaccount63
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You SHOULD receive your vacation pay. Check your contract.
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JBT
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They're gone. You're not entitled to it.
---
Update: Thinking about it again, I want to change my answer. It depends upon the state you're employed in. In my state, it was not required to pay it, and it wasn't paid when an associate was terminated.
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Grant
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I quit a job here in Oregon that I was at for 3 years and they tried to dick me out of my weeks worth of vacation pay. I had to go and talk to the companies owner to get things settled but if you've already acquired the time... they can't refuse to pay you. The money is already yours.
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tinker46139
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The vacation time you earned. If they give you any static about it; call the labor board.
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rwa000
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there is no federal or state law that covers vacation, it is a gift an as such can be given modified or taken away, usually if it is the companies policy to pay out they usually do, however some have policies that differ if you were fired for cause, don't believe the other answers there is no law that say you are entitled to vacation and if you go to dept of labors website you will see for yourself
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Lisa A
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The law does not govern this. Your employment agreement, contract, or the employee handbook governs this. you need to look at those documents.
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M T
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Generally, accruing Vacation Pay is as much your salary as the wages earned for hours worked. You are entitled to receive both whether quitting or being terminated. Sick Pay, on the other hand, is a condition of employment status and is not paid once you have given notice or have been terminated regardless of the amount unused at either time.
It varies by state.
In California:
http://www.dir.ca.gov/dlse/FAQ_vacation.htm
Q: What happens to my earned and accrued but unused vacation if I am discharged or quit my job?
A: Under California law, unless otherwise stipulated by a collective bargaining agreement, whenever the employment relationship ends, for any reason whatsoever, and the employee has not used all of his or her earned and accrued vacation, the employer must pay the employee at his or her final rate of pay for all of his or her earned and accrued and unused vacation days. Labor Code Section 227.3. Because paid vacation benefits are considered wages, such pay must be included in the employee's final paycheck.
However, in New York:
http://www.labor.state.ny.us/workerprotection/laborstandards/faq.shtm#10
Q: When an employee resigns -- or is discharged -- from a job, is the employer required to pay the employee for any accrued, unused vacation time?
A: Whether an employer is obligated to pay for unused time depends upon the terms of the vacation and/or resignation policy. New York courts have held [in Glenville Gage Company, Inc. v. Industrial Board of Appeals of the State of New York, Department of Labor, 70 AD2d 283 (3d Dept 1979) affd, 52 NY2d 777 (1980)] that an agreement to furnish benefits or wage supplements, such as vacation, can specify that employees forfeit accrued benefits under certain conditions. To be valid, the employer must have notified employees, in writing, of the conditions that nullify the benefit.
If an employee has earned vacation time -- and there is no written forfeit policy, the employer must pay the employee for the accrued vacation.
Tip: if you plan to quit a job and have unused sick pay, call in sick before giving notice if you want to use it before leaving the job.
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michr
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A lot of the answers here are based on the fact that the question was obviously not read. State laws vary and it is totally IRRELEVANT what the law states for anywhere except in New York in regard to this question...........
'M T' has provided you with the link for NY law and as noted it is a matter of the employer’s policy...most employers do not pay out vacation time for those who are terminated for cause (except in the very few states that require it to be paid).
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