Am I entitled to vacation pay after being terminated?
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Am I entitled to vacation pay after being terminated?
Asked on May 7, 2012 under Employment Labor Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
As is common with most states, under CO law, an employer does not have to provide vacation days or leave at all; and if the employer does provide such days, does not need to pay them out on termination of employment. The only requirement is that whatever policy the employer has in fact adopted in regards to vacation days and vacation pay--whether such policy was adopted formally, or has been demonstrated by the company's actual practice or behavior--the employer must continue to follow until it specifically changes that policy. That means that if your employer has paid out other employees when they were terminated and had not announced that it is no longer doing this prior to terminating you, it should pay you out, too. But if the employer had not been paying terminated employees vacation pay, it does not need to pay you, either. It comes down to what they have been doing; that is what they must do in your case.
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