Can i be denied vacation pay?

UPDATED: Sep 30, 2022

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Can i be denied vacation pay?

Thursday night I was told by my employer that Sunday was going to be its last night open. I asked for vacation pay and was told that I could take vacation but that they wouldn’t pay me. I’ve been working this the company for 3 years now. They didn’t let me go so I don’t see how I can’t get my vacation that’s due to me.

Asked on October 3, 2016 under Employment Labor Law, New York


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If a company has accrued vacation time, then it doesn't have to pay an employee for their earned time if it told the employees that vacation time is lost when they leave the job. If the business doesn't tell the employees, then they have to pay earned vacation time when a worker leaves. It must have the rule in the employee handbook or union contract and posted at the workplace. If you feel that you have wrongly been denied your paid vacation time, you can file a complaint with your state's department of labor and/or sue in small claims court for any amounts due you.

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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