When one is terminated from their job, shouldn’t their employer pay all monies due?

UPDATED: Nov 13, 2011

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When one is terminated from their job, shouldn’t their employer pay all monies due?

I was recently terminated from my job and did not recieve my final pay until the following pay period almost 2 weeks later. I still have vacation pay and was told I would recieve that after I move off property at the end of the month. In TX.

Asked on November 13, 2011 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Generally, final pay is due at the next scheduled pay period, so it is likely unobjectionable that they paid your last paycheck then, rather than on the spot when terminated.

If you are owed vacation pay at the time of termination, you should have received that at the same time, and they may not use it as leverage to get you to do something; on the other hand, if the company/employer normally does not pay out vacation pay at time of termination, they may offer it to you on condition you do something. So the critical issue is whether  there is a contract, agreement, or at least clear policy of your employer which indicates that they will pay you vacation pay on termination--in which case it should have been with "no strings attached"--or whether they don't normally pay out for vacation but are offering it voluntarily as a "carrot" to get you to move off the property on time.

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