Am I entitled to my vacation pay if I get laid off?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Am I entitled to my vacation pay if I get laid off?
Am I entitled to my vacation pay if I get
laid off?
I was just laid off and asked for my
vacation pay of one week and was told
cash was too tight. Can they legally
withhold my vacation pay
Asked on July 21, 2017 under Employment Labor Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
In your state (as in most states, for that matter), unused vacation pay must only be paid out IF there is a written employment contract or firm, unequivocal written policy indicating that they will pay the time out. In the absence of some written committment to pay, they do not need to--or if they are going to voluntarily pay you, since it is voluntary, they could delay it as long as they want.
If there was a written committment to pay and they fail to do so, you could sue them (e.g. in small claims court) for the monetary value of the vacation days.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.