my employer in new jersey sold the company, do they have to pay out my accrued vacation time

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my employer in new jersey sold the company, do they have to pay out my accrued vacation time

After 3 years of employment I accrued 64 hours of vacation time. At the time the
businesses was sold I had only been paid for 8hrs out of the 64 and told the new
owner will pay the rest. Who is really responsible for paying for the time I already
worked, and am I still entitled to the rest of my vacation pay

Asked on March 23, 2016 under Employment Labor Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

1) In your state, employers never have to "pay out" vacation time unless you have a written employment contract obligating them to do so. There is no NJ right to payment for unused vacation.
2) If the new owner bought the actual LLC or corporation, you are still employed by the same entity and that entity (the LLC or corporation) still owes you the accrued vacation time...they don't have to pay you for the time, but you should still be able to use it.
3) But if the new owner just bought the assets, you are unfortunately out of luck: the new owner does not incur an obligation for vacation in an asset purchase, and the old owner terminated your employment with him, her, or it (you don't work for the old owner anymore) and did not need to pay out your vacation when that happened.


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