My rights to be paid for unused vacation after termination of employment?

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My rights to be paid for unused vacation after termination of employment?

I was recently terminated from my position and have received a severance package but my 3 weeks earned vacation time was not to be paid. I worked for a MI based company but worked remotely from a home office in IL as a national account manager. MI does not have employee rights as it relates to unused vacation pay but IL does. Do I fall under the laws of IL with regards to unpaid vacation or under MI law?

Asked on November 23, 2017 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If your regular or normal workplace is IL, as you indicate, then your employment was governed by IL law: the law of where an employee is regularly based governs his/her employment. Therefore, you would fall under IL employment law and should be paid out for accrued but unused vacation *unless* you had a written employment contract which stated that your employment was governed by/subject to MI law; in absence of a contractual choice of law provision, however, your should be paid for vacation in accord with IL law.


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