How to get vacation time that is owed?

UPDATED: Jul 14, 2012

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How to get vacation time that is owed?

I been working in the same place for 33 years. I have accumulated 16 plus weeks of paid vacation time that I have not been able to use. I believe the business owner may be winding down to close the business. My state requires vacation time to be paid upon firing/layoff by following week paid period. What do I do now to prevent getting screwed for pay due me if he decides to close down short of saying pay me 16 weeks right now. I only want my pay due if he closes down.

Asked on July 14, 2012 under Employment Labor Law, Illinois


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I would carefully read your employee employer handbook assuming there is one to see what work policy states with respect to accrued vacation time as to using it or losing it in a given year. If there is nothing written to that effect, then under the laws of all states in this country if your employer shuts down the business and you are terminated, you are entitled to payment of your accrued vacation time on your last day of work.

I suggest that you consult with your human resources person about this issue and if there is not one, consult with your immediate supervisor.

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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