Do I get paid for my unused vacation and personal days on my last check after being terminated?

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Do I get paid for my unused vacation and personal days on my last check after being terminated?

I have acquired 10 vacation days and 3 personal days since my start date of employment. Do I have the right to get paid for these days since I have earned them for my time working their after being terminated? When can I cash in my 401k from this previous employer?

Asked on January 19, 2011 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There is no law, whether federal or Texas, requiring employees be paid for accrued but unused vacation and personal days after termination. Each employer is free to set its own policies--though it must follow its policies consistently. If you have a contract, offer letter, etc. saying that you will be paid these days, you must be paid them. If not, if the employee handbook clearly, unequivocally, and without limitation, exception, reservation, etc. says you will paid, you should be paid. Failing that, you can look to your employer's prior practice to establish the policy--if they've consistently paid others in like situations, they need to pay you, too. However, if they have not paid these days previously and not specifically promised  them in an agreement to you, they don't need to pay them out.


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