If I recently quit an employer, am I entitled to my vacation pay?

I called him Thursday evening informed him I was giving notice (all I said was notice) and worked the full day Friday. Monday morning I walked in gathered my stuff and left. I received my final paycheck with a copy of the vacation policy from the handbook highlighted. All it said is I must give “adequete” notice but does not define this. He refuses to pay my accured vacation time. Do I have any legal grounds to fight this?

Asked on August 16, 2015 under Employment Labor Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unless you had a written employment contract guarantying your right to vacation pay when you leave work, you would not have any legal grounds to fight this decision. The law does not require that employees be paid out for unused vacation days on termination of employment--it is up to employers whether or not to pay it. Employers have the right to *not* pay out vacation days if they choose--and, in fact, the vast majority of employers do not pay vacation when an employee leaves.


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.