If I worked for a company for almost 8 years but was terminated, what are my rights to my accrued vacation time?

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If I worked for a company for almost 8 years but was terminated, what are my rights to my accrued vacation time?

Our company vacation time was based on an accrual system. My anniversary would have been in 5 months, so I accrued 6 months of vacation. However, I took 2 weeks off about 6 months ago. Since I was terminated the employer took back the paid vacation time on my final check, so my final check was less the paid vacation time. I can understand if I quit am not entitled but, since I was terminated I would not expect this to happen.

Asked on February 7, 2016 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You don't have any right to be paid for accrued vacation time in your state, unless you had a written employment contract which, by its plain terms, guaranteed you this payout. In the absence of a written contract guarantying this payment, your employer is not required to pay employers for any accrued but unused vacation time on termination of employment; and if they voluntarily choose to pay, they may decide when and under what conditions, and with what, if any deductions, to pay it; it is at their discretion.


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