What can I do if my previous employer will not pay personal time I took before I resigned?

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What can I do if my previous employer will not pay personal time I took before I resigned?

The week before I resigned, I took 3 personal days that I had available. However, now my former employer is claiming that I will not get paid for this time. Also, there are some issues with travel reimbursement that’s written in their policy and will not paid to any of the employees.

Asked on May 9, 2012 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you used personal days (for which you would have normally been paid) prior to submitting your resignation, you must be paid for them. If you had provided notice of resignation first, however, your employer could simply have terminated you (that is, they don't need to let you work through your notice period, unless there is an employment contract saying they must) rather than let a resigning employee take paid days.

Travel reimbursement must be paid as per the then-in-force policy; so anything that you should have been paid, under the policies in effect when you went on the travel, must be paid.

If your former employer will not pay these items, your recourse would be to sue to recover the money. One option to consider is suing in small claims court and representing yourself, as as to save on legal fees.


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