What to do if my employer is not going to pay me for unused vacation days?

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What to do if my employer is not going to pay me for unused vacation days?

I have turned in my letter of resignation. I gave a 3 week notice, with the last week on vacation. I have 5.5 days of vacation. Now they are fighting the last 5 days of vacation. In the employee handbook it says that unused vacation days will not be paid upon termination or in resignation. I never received an employee handbook, it was never went over with me and I never signed an acknowledgement. Can they do this?

Asked on June 19, 2012 under Employment Labor Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, they can do this, and it doesn't matter whether you received the employee handbook or signed an acknowledgment. In Indiana, the employer should pay accrued but unused vacation pay on separation from employment unless the employer had an established policy to the contrary. From what you write, their established policy was in fact to not pay--that's what was in the employee handbook. In the presence of a policy to not pay on separation from employment, they do not have to pay you.


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