After 17 years with a company I am being let go and losing my banked vacation time. Is this legal?

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After 17 years with a company I am being let go and losing my banked vacation time. Is this legal?

My whole department is being let go. We may lose all our vacation time we banked. Also, is umemployment a better route or stay on as an independant contractor and make less money.

Asked on June 29, 2009 under Employment Labor Law, Wisconsin

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

What do you mean losing your "banked" vacation. In most states, if you earned it, you get it in cash.  We cannot tell you or give you advice since we do not serve as your legal counsel, don't know your whole story, don't know the specifics of your case, your job, etc to tell you if it is better to apply and receive unemployment over being an independent contractor. 

You should, however, contact the Illinois dept of labor regarding your banked vacation time.  You may have to file a claim/grievance regarding this matter.  See the following:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2402&ChapAct=820%26nbsp%3BILCS%26nbsp%3B115%2F&ChapterID=68&ChapterName=EMPLOYMENT&ActName=Illinois+Wage+Payment+and+Collection+Act%2E

http://www.state.il.us/Agency/idol/


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