Can i be denied vacation pay?

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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

Answers:

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

Answered 5 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.


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