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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.


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