Company refusing to pay rest of my vacation time after layoff and Employee Handbook says they will.

UPDATED: May 23, 2009

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Company refusing to pay rest of my vacation time after layoff and Employee Handbook says they will.

I was laid off in April, due to lack of work.I was told at time of layoff that I would be paid for the remainder of my unused vacation time.I have a copy of the Employee Handbook, which states that after 2yrs of employment (I was there 3yrs)that an employee will recieve 2wks of paid vacation.It goes on to say that if employment ends”for any reason”,all unused vacation time will be paid.I’ve taken no vacation time this year and was only paid for 24hrs worth.Its over $500,after taxes I’m still due,but I have called and e-mailed these facts from Handbook&they won’t answer.What should I do?

Asked on May 23, 2009 under Employment Labor Law, Tennessee


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Without reading the entire handbook, I can't say whether it is enforceable as a contract.  I'm not a Kentucky lawyer, but my research suggests that there isn't any other way to get your vacation pay.  You need to take the handbook to an attorney, and one place to look for counsel in your area is our website,

Many states have laws that would require vacation time to be paid at layoff, but Kentucky isn't one of them.

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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