If I was fired, am I entitled to get paid for my2 weeks vacation?

UPDATED: Feb 7, 2012

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If I was fired, am I entitled to get paid for my2 weeks vacation?

Asked on February 7, 2012 under Employment Labor Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The answer is, it depends:

1) If you have an employment contract (including a union agreement), whatever it says about vacation pay on termination is applicable.

2) In the absence of an employment agreement, most states do not require vacation pay in all circumstances. However, if an company had a policy of paying out vacation day on termination, it must continue to do so--at least until it clearly announces or notices employees of a change in that policy. So if your company has paid out other people for vacation when they were fired, it most likely has to pay you, too (unless they were paid specifically because of contracts they had); but if your company has generally not paid vacation, it probably does not have to pay you.

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 AttorneyPages.com 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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