What can I do if I left a company I was working for and I am owed vacation time?

UPDATED: Sep 29, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 29, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What can I do if I left a company I was working for and I am owed vacation time?

My former boss won’t pay me because he said I have uniforms that are unaccounted for. I gave him all of my uniforms that they gave me but he still refuses to pay me. What can I do to get my vacation time?

Asked on August 12, 2015 under Employment Labor Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Do you have a written employment contract which guarantees that you will be paid for unsued vacation time when you leave employment? If you do, your employer must follow the terms of the contract and pay you for your vacation time if, under the terms of the contract and the circumstances (or facts) of the situation, you are entitled to it--and if your employer does not, and violates the terms of the contract, you could sue your employer for breach of contract.

However, if you did not have an employment contract guarantying you vacation pay, you have no right to it: employers do *not* have to pay employees for unused vacation (or other PTO) time on termination of employment unless there is a written contract requiring the employer to do. The law, unfortunately, simply does not require that employers pay employees for unused vacation time.

If you don't have a contract, it is up to your employer whether, and under what circumstances, you will be paid for your vacation time.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption