Should I fight for pay without previous employer documents?

UPDATED: Oct 1, 2022

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Should I fight for pay without previous employer documents?

I worked for a company for 2.5 years. The job posting stated 2 weeks of vacation pay per year. I only signed a w-2 at the time of hire, and received no company handbook. The company terminated me with out giving reason and I have not received my unused vacation pay of 4 weeks. Is this worth a case to fight? My paystubs show a steady pay ray but no unpaid pay for vacation and no signed handbook. Is that enough to fight this case or will I lose?

Asked on December 10, 2017 under Employment Labor Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

In your state, they do have to pay out any accrued but unused vacation pay when employment ends. You would need to be able to prove how much unused vacation you had in order to win the lawsuit (if they don't pay voluntarily, suing them is the only way to get the money). If you have statements  (or emails from HR, etc.) showing how many vacation hours or days you had left at or near the termination of your employment, that should suffice to prove what they owe you. Without such statements or documentation, while you legally may sue, your chance of winning is substantially reduced.

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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