What to do if I was fired from my job earlier this week in a “right to work” state?

UPDATED: Aug 12, 2012

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What to do if I was fired from my job earlier this week in a “right to work” state?

I have about 90 hours of accrued unsued vacation/perosnal holiday time. I know the law does not require my ex employer to pay me this time. The employee manual states that they will pay all accrued vacation upon termination. I have a copy of the manual but online on the company website they can easliy change the info on the manual to state whatever they want. How do I legally get them to pay me this time without changing the website and saying that it did not state that. Not sure what to do.

Asked on August 12, 2012 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you have a copy of the manual, then you should have a reasonable chance of proving that their policy would be to pay. You might also download a copy of, and/or take screen captures of, their current website, before they (possibly) make any changes. Then you would sue the employer, including potentially in small claims court (so you can act as your own attorney and save legal fees), where you would seek to prove, using your testimony and the manual, that their policy at the time you separated from employoment was to pay out employees in your situation.

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