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

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

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

Answers:

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

Answered 10 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.


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