If I work my 2 week notice period, does my company oh me my vacation and my quarterly bonus?

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If I work my 2 week notice period, does my company oh me my vacation and my quarterly bonus?

My employer is only offering to pay 3 days of my 6 vacation days and does not want to pay my quarterly bonus.

Asked on September 25, 2019 under Employment Labor Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

In your state, the employer does not have to pay out vacation upon resignation or termination of employment unless there was a written agreement to do so, or a firm and consistent policy that they would (in which case, an implied contract to pay out vacation would be found to exist). So if you have a contract requiring payout, or if you employer had a policy of paying out vacation (and you check any employee handbook to see if the handbook set forth such a policy), then they have to pay you as per the contract or policy. If they don't, you could sue for the money, such as in small claims court. But if there was no contract or policy requiring payout, they only have to pay you if they choose, and if you are fortunate enough that they choose to pay some days when they don't actually have to pay any of them if they wanted, you cannot fight them for more days--you can only take what they voluntarily ofer you.
If you had a written bonus agreement that requires you to be paid under these circumstances (i.e. you qualified for the bonus under the terms of the agreement), they have to pay it to you, and if they don't, you could sue. But if there is no written agreement under which you have qualified for the bonus, it is voluntary on their part whether to pay you, and they could choose to not pay.


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