If I was to take my ex-employers to court over my unused vacation time, is there any chance that I would win?

UPDATED: Oct 1, 2022

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If I was to take my ex-employers to court over my unused vacation time, is there any chance that I would win?

As of 2 weeks ago, I ended my salary management position on my last paycheck my vacation time still showed 136 hours which I was promised when I took this position last November that my position would include salary, vacation pay, housing and meals since this was a 24 hour position running an Inn, restaurant, and bar. All of this was a verbal contract except the salary which was placed on my employment offer. I was so promised evaluations within 3, 6, and 9 months with raises. The raises I never received nor did I receive any evaluations. I worked 90 plus hours every week with most weeks with no days off. I was repeatly told there was no one to give me time off because one owner was sick and the other had prior work priorities so there was never a chance to use any of my vacation time. I am not the first manager that has worked for this company that was promised the same but the last manager was allowed to use her vacation time. This amounts to $2530 and everytime I have a so about the vacation time I have been ignored. I did ask to use some of the time after I resigned before I quit but was told it wasn’t a good time. Now I’m no longer employees there and they are still ignoring my messages about this not being on my last paycheck. I am willing to take this to civil court but do I have a chance at even winning what I worked so hard for? By the way there is no company handbooks or policies for me to refer to since the company does not have one.

Asked on October 4, 2018 under Employment Labor Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unfortunately, in your state (Virginia), there is no right to be paid out for unused vacation pay upon termination of employment unless and only if there was a written employment contract which guaranteed the payment. Without a then-in-effect contract providing that they would pay you out for unused days, they are under no obligation to do so. Were you to sue, you would lose.

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