How to get my unpaid vacation pay

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How to get my unpaid vacation pay

Last year I had 17 hours unused vacation time. I mentioned it to my employer and asked her to pay me gradually before the end of the year I was told not to tell her what to do so I left it up to her to take care of it. Well the end of the came and wasn’t paid for 17 hours. Then was told to wait until March to get compensated. I again addressed the concern to her but no answer so I call the mainland hr and was tolda different outcome. I was told I lost the vacation pay. What can I do now?

Asked on April 11, 2018 under Employment Labor Law, Hawaii

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

As a general matter, there is no right to a cash or monetary payment for your unused vacation time under the law.
You would only have a right to your vacation pay if there is one of the following:
1) A written employment contract between you and the employer guarantying you the pay;
2) A union agreement which you fall under guarantying you the pay; 
3) Your employer has FIRM (no limitations, caveats, etc.) and clear written policies under which you have bee working and which guaranty you the pay.
If any of 1) to 3) apply, you can get the pay when the written document says you can, and take legal action (e.g. a "breach of contract" lawsuit) for the money if you don't get it. But if none of 1) - 3) guaranty you the money, you have no right to the pay.


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