Are there any laws that govern an employer having to have to pay an employee for accrued vacation time if the employee is terminated from their job?

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Are there any laws that govern an employer having to have to pay an employee for accrued vacation time if the employee is terminated from their job?

A friend of mine wqas terminated from his job and had acrued vacation time that he is being denied payment for. Is there any where he can go for help. There is nothing stated in the employee handbook about vacation time period and what the payment if any would be if terminated

Asked on August 9, 2012 under Employment Labor Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

New Jersey law does not require payment of unused vacation time on termination of a job, but rather leaves it up to the employer to set its own policy. If the policy in place while your friend was employed, at the time he was terminated, would have resulted in him being paid in these circumstances for his acrued vacation time, then he most likely should be paid; however, it would be perfectly legal if the coompany policy was to not pay vacation days on termation.


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