Vacation pay

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Vacation pay

I working for an auto shop for 3 1/2 years. At the 3 year mark I was told I would get 2 weeks paid vacation. I was laid off before I used my vacation time. My question is Do they owe me vacation pay?

Asked on July 23, 2017 under Employment Labor Law, New Jersey

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Did you have an employment contract or union agreement that required you be paid for such time? If not then your former employer may not be required to pay it. In NJ, when an employee quits, is laid off or is fired, employers are not typically required to pay out all unused vacation time. The exception being if the employer has a policy or practice of paying out such time, then it becomes a contract with the worker and is considered a benefit of employment. At this point, you need to review your company's policies or handbook. If you still have questions, you can consult directly with a local attorney.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

They only owe you payment for your unpaid vacation time IF you had a written employment contract or there was a firm, unequivocal written policy (such as  in an employee handbook) which states they will pay out vacation on termination. In the absence of something in writing guarantying you the payout of unused vacation days on termination of employment, they do not have to pay you for the days.


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