Can an employer legally withhold earned time off payments once you’ve put in your notice to no longer work for the company?

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Can an employer legally withhold earned time off payments once you’ve put in your notice to no longer work for the company?

I work for a company who claims they will not pay out earned time off if you don’t complete your 2 weeks notice.

Asked on October 28, 2015 under Employment Labor Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Do you have a contract guarantying you the right to be paid for unused earned time off? If not, the company is not obligated to pay you for earned time off; the law does not require this time to be paid out, but rather, it is voluntary on the part of the employer to pay it (if they choose to do so). Being voluntary on their part, they can put conditions on it, such as requiring employees to complete their two weeks notice. d on what you write, your employer may do this.
(Note: if you have a written employment contract that would help you, you can enforce its terms, including in court, if necessary.)


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