Wht to do if my employer miscalculated payment for my vacation days?

UPDATED: Aug 9, 2012

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Wht to do if my employer miscalculated payment for my vacation days?

My employer agreed to to pay for the vacation days I haven’t taken. I had more than 15 days unused vacation days but my company miscalculated and paid me only for 9 days. I have sent them my time sheets proving that I had more vacation days. They are giving me any response and delaying for more than 6 months. Can I legally approach to get my money back?

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If there was an agreement to pay you for those days, it would seem to be enforceable. You could sue your employer for breach of contract if they have not paid you for all the days. You could bring the suit in small claims court, where you could act as your own attorney. You would need to prove the existence and terms of the agreement, and also the number of days you had.

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