Who doI contact to get paid for my vacation hours?

Get Legal Help Today

 Secured with SHA-256 Encryption

Who doI contact to get paid for my vacation hours?

I’m trying to find out who I contact for not getting paid for my vacation hours at my previous job. I was not fired and gave notice when I resigned. My last work day was almost a month ago. I received my last 2 week paycheck. I have contacted the accounting manager for the company who says their program is down. Now 2 pay periods have passed and they still can’t tell me when I will get a check. I’m not positive how many hours I have now, as my last paycheck didn’t say. I think it is around 90 hours. I also explained to the accounting manager that I have bills, and not having this check is hurting me until student loans are dispersed. How do I go about getting this issue resolved?

Asked on September 6, 2011 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The first issue is--does the company have to pay out your vacation time? It appearst that in CO, the company must pay out vacation on the end of employment *if* there was an employment contract or other agreement providing for vacation days. In the absence of an agreement in regards to vacation, however, the company would only have to pay out if it has been its policy to pay unused vacation days on the termination of employment; therefore, if you don't have an employment contract mentioning vacation pay, you need to determine if your company's policy has been to pay for unused days. You can find its policy in employee handbooks and in the company's demonstrable practice--i.e. what has it done when other people have left is employ?

Second, if you are entitled to vacation pay but the company does not voluntarily pay it, you will have to sue the company for  the money--there is no one but yourself who will look after your interest in this regard.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption