I recently left my previous employer and they have yet to pay me fully for unused vacation days that their policy said they would pay for.

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I recently left my previous employer and they have yet to pay me fully for unused vacation days that their policy said they would pay for.

As of June 22, 2018 I left my old job. They’re employee policy states which i

have a printed copy of all unused vacation time will be paid out upon leaving

the company. I had 72 hours of unused vacation upon my departure, however I was paid for only 64 hours. I contacted the head of Human Resources and was told that I took those hours almost 3 months ago, however I have documentation stating I was at work at that time. I have been talking to HR about this for over a month and was wondering if I have any legal options to get my money. I,f so what are they?

Asked on July 29, 2018 under Employment Labor Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

For purposes of this answer, we will assume that the written policy forms an enforceable contract or agreement, which is likely, given the company evidently paid out the amount it believes you were entitled to. 8 hours of pay is in dispute. Your recourse--your only recourse--would be sue the employer for "breach of contract" for not honoring their obligation to pay for all unused vacation day. If you can convince a court that you had 8 more hours, the court can order its payment. The only option that would appear to be reasonable would be to sue in small claims court, as your own attorney ("pro se") so as to avoid legal fees. Bear in mind that unless the company settles right away and pays you, you will spend a day in court--only you can decide whether giving up a day of your time (and wages, if you are working, since court is only held during working hours) is worth suing for basicaly one day of pay, given that you CANNOT recover compensation the time you spend in court (the law is very clear about that).


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