Is my employer required by law to pay me for unused vacation time when I quit?

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Is my employer required by law to pay me for unused vacation time when I quit?

My employer is refusing to pay my unused vacation time after I quit but one state law website states “wage law provides that vacation pay, earned in accordance with the terms of any agreement, is classified as wages or compensation. If an employer provides paid vacation for an employee, the employer shall pay upon separation from employment all vacation pay earned and determinable in accordance with the terms of any agreement between the employer and the employee”.

Asked on July 18, 2012 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The key issue is whether there was in fact an employment contract or agreement. If there was, then it appears that your employer would have to pay you. However, since the obligation to pay you is predicated on there being an agreement--an employment contract--in the absence of an employment agreement, there would appear to be no obligation to pay you.


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