If the company I work for sold out, do I get paid for my accrued vacation?

UPDATED: Jun 28, 2015

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If the company I work for sold out, do I get paid for my accrued vacation?

I asked my boss and he said no but prior to it being sold I asked for my vacation and was refused. If I would have gotten it then I would have gotten paid. Is it too late? What can I do?

Asked on June 28, 2015 under Employment Labor Law, Oregon


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

1) Typically, most companies do NOT pay out accrued vacation under any circumstances--and do not have to. Usually, you can *use* vacation, but are not able to demand payment for it if, for example, you payment terminates, unless you actually had an employment contract guarantying payment if you could not or did not use the days.

2) If the company was sold by the purchaser NOT buying the existing LLC or corporation (if there as an LLC or corporation and it was not, for example, a d/b/a), but rather by buying the assets only, then the purchaser would not be liable for vacation in any event, even if the policy or contract had been to pay it, since the purchaser would be a different legal entity.

It therefore is very unlikely that you have any right to be paid for the vacation, unfortunately.

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 AttorneyPages.com 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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