Is there any legal obligation for my former employer to pay me my accrued vacation hours after I was laid off?

UPDATED: Nov 16, 2012

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Is there any legal obligation for my former employer to pay me my accrued vacation hours after I was laid off?

There was no formal employee manual and nothing was signed when I was laid off.

Asked on November 16, 2012 under Employment Labor Law, Minnesota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your state's law does not require employers to pay employees any accrued but unused vacation on termation of employment. The employer would only have to pay this time out if there was a contract requring it or it was otherwise the firm, demonstrated policy of the employer to pay these days (that is, employers can decide whether or not they will  pay vacation time on termination; if they decide to do so, they must continue following their voluntarily adopted policy until and unless they announce a change in it).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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