If the company I work for sold out, do I get paid for my accrued vacation?

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If the company I work for sold out, do I get paid for my accrued vacation?

I asked my boss and he said no but prior to it being sold I asked for my vacation and was refused. If I would have gotten it then I would have gotten paid. Is it too late? What can I do?

Asked on June 28, 2015 under Employment Labor Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

1) Typically, most companies do NOT pay out accrued vacation under any circumstances--and do not have to. Usually, you can *use* vacation, but are not able to demand payment for it if, for example, you payment terminates, unless you actually had an employment contract guarantying payment if you could not or did not use the days.

2) If the company was sold by the purchaser NOT buying the existing LLC or corporation (if there as an LLC or corporation and it was not, for example, a d/b/a), but rather by buying the assets only, then the purchaser would not be liable for vacation in any event, even if the policy or contract had been to pay it, since the purchaser would be a different legal entity.

It therefore is very unlikely that you have any right to be paid for the vacation, unfortunately.


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