If I quit my job, will I get paid for my vacation pay that I took last week and it should be on this coming up paycheck?

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If I quit my job, will I get paid for my vacation pay that I took last week and it should be on this coming up paycheck?

Can they not pay me that if I quit?

Asked on June 17, 2012 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you took the vacation prior to providing notice of resignation, you should be paid for the vacation: it was a benefit or part of your compensation that you used while still employed. The exceptions would be:

1) If there was a pre-existing policy or employment contract stating that employees had to be employed for some time past the vacation date in order to be paid for the vacation. Such a policy or contractual term is enforceable.

2) You misrepresented, or lied to, the employer, to get them to approve the vacation--for example, you had some large project or heavy workload and your employer had been reluctant to let you go, but you promised you'd be able to do upon your return; if you then quit upon your return, it could be considered that you committed fraud to get the use of your vacation, and the employer may have grounds to not pay.


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