Am I entitled to vacation pay?

UPDATED: Oct 1, 2022

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Am I entitled to vacation pay?

My old job took 12 hours of mine off the schedule without telling me. I showed up for a shift and was not on the schedule. I put in a notice for my resignment and asked for vacation pay my last week since I worked for 3 1/2 years with no vacation. The handbook says I get 1 week later vacation a year. My boss called me after I left wrote my notice and left a voicemail saying I could talk to her about my resignment if I wanted to. She said nothing about the vacation pay. I asked her later if my check was there and she said she will not give me vacation pay since I resigned. Am I

entitled to my vacation pay?

Asked on August 7, 2018 under Employment Labor Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

In your state (North Carolina), if you earned the vacation (i.e. accrued it by the hours or days, etc. you worked), it must be paid when your employment ends unless there was some written notice, policy, or agreement to the contrary--that is, the employer must specifically put in writing somewhere, before you earned the time, that it would be forfeited and not paid when employment ended. Unless there was such written forfeiture notice, etc., your employer owes you the vacation pay. If they will not voluntarily pay it, you could try filing a complaint with your state's department of labor or sue (such as in small claims court) for the money. Here is a link to a NC government webpage discussing the topic:

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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