Can an employer take back and not pay employees for vacation and sick time they have earned?

UPDATED: May 28, 2009

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Can an employer take back and not pay employees for vacation and sick time they have earned?

Due to budget cuts, the company I work for sent out a memo stating we are losing all vacation and sick time earned and will not be paid for them.  Is this legal? If not how can we get paid for them?

Asked on May 28, 2009 under Employment Labor Law, Louisiana


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Probably not legal == especially if they already been earned.  So, this is the first place you need to go:

1. Louisiana Workforce Commission:

2. Here is the section from the above agency on Labor Law Questions: See Question 4.

3. File a complaint through that agency; perhaps through the U.S. Dept of Labor, as well.

4. You may also wish to consult with a plaintiff's labor law attorney.  Try and check his or her record at the Louisiana State Bar.

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 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.

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