My rights to be paid for unused vacation after termination of employment?

UPDATED: Oct 1, 2022

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My rights to be paid for unused vacation after termination of employment?

I was recently terminated from my position and have received a severance package but my 3 weeks earned vacation time was not to be paid. I worked for a MI based company but worked remotely from a home office in IL as a national account manager. MI does not have employee rights as it relates to unused vacation pay but IL does. Do I fall under the laws of IL with regards to unpaid vacation or under MI law?

Asked on November 23, 2017 under Employment Labor Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If your regular or normal workplace is IL, as you indicate, then your employment was governed by IL law: the law of where an employee is regularly based governs his/her employment. Therefore, you would fall under IL employment law and should be paid out for accrued but unused vacation *unless* you had a written employment contract which stated that your employment was governed by/subject to MI law; in absence of a contractual choice of law provision, however, your should be paid for vacation in accord with IL law.

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.

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