If my company was sold and my old employer refuses to pay my accrued vacation days, what canI do?

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If my company was sold and my old employer refuses to pay my accrued vacation days, what canI do?

It has been going on 2 months.

Asked on July 15, 2011 under Employment Labor Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You may wish to speak with an employment attorney. There are several different issues to consider:

1) If your employment has continued with the new owner of the company, then you probably are not entitled to any pay out under any circumstances. There has been no end or termation of employment.

2) If your employment ended when the company was sold, whether or not you were later rehired by the new owner, then you *may* be entitled to the accrued vacation days. The key issue there is whether the days were actually earned--e.g. you earn them for working, such as, for example, at the rate of 1.5 days per month of employment, and you've worked 6 months earning 9 days; those 9 days would be considered "earned" and you could likely get pay for them. However, if the days were accrued for you but you did not actually yet do the work that earns them, then you might not be entitled to pay. It's earning days by work that makes them a form of wages subject to being paid out in some circumstances.


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