Can an employer withhold earned vacation pay after they fire you?

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Can an employer withhold earned vacation pay after they fire you?

Asked on July 14, 2011 under Employment Labor Law, Maryland

Answers:

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

Answered 10 years ago | Contributor

While there is no federal law governing the issue of earned and accrued but unused vacation pay, there is applicable law in many states. And MD is one of them. As an employee, you are entitled to commissions, bonuses, and deferred wages even if you voluntarily terminate or even if you are fired. You are also entitled to payment for vested vacation time. This is true unless your employer has a policy that specifically states it will not pay for unused vacation time upon job termination. Since you gave little by way of details, you may or may not be eligible for such time. If you have any further questions, you should contact your state's department of labor or consult with an employment law attorney in your area.


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