Am I entitled to my unused vacation time?

UPDATED: Oct 1, 2022

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Am I entitled to my unused vacation time?

I worked at loves truck stop as a
mechanics apprentice making 11 dollars
an hour. I put in a 2 weeks notice and
they told me they would give me a
dollar raise if I stayed and I agreed
to stay only upon fulfillment of their
promise. They did not keep their
promise within the 2 weeks so I took
another job. I had also been promised a
dollar raise several months before this
and never saw it. I had 4 days of
unused vacation time when I left

Asked on April 7, 2019 under Employment Labor Law, Alabama


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Even though AL does not specifically require employers to pay out accrued vacation upon termination, a consistent practice, written policy, or contract promising such payment can create an enforceable obligation to do so. In those cases, earned vacation will generally be treated as compensation for services, so once the services are rendered the right to the promised compensation is vested just the same as regular wages. Employers that do not wish to pay their employees for accrued but unused vacation must say so specifically and beforehand. Otherwise, a worker is entitled ot such pay. At this point, assuming that you meet the eligability requirements as stated, you can either sue your employer in small claims court or file a wage complaint with your state's department of labor.

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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