After being fired, canmy employer keep the remainder of my vacation pay?

UPDATED: Nov 9, 2011

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: Nov 9, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

After being fired, canmy employer keep the remainder of my vacation pay?

Asked on November 9, 2011 under Employment Labor Law, Michigan


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The general rule is that, if an employee leaves their job before they have used all of their earned vacation, their employer must pay them for the vacation days that they did not take. Those vacation days are paid at the employee's final rate of pay. Because the money paid out for unused vacation is considered wages, their employer must include this money with their final paycheck.

If an employer does not include vacation pay in an employee's last check, the employee should file a claim with their state's department of labor and/or consult with an employment law attorney. If in violation of state labor law, an employer may also have to pay additional penalties to the employee.

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 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