• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Vacation & Holiday Pay!

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

shadow52

Junior Member
What is the name of your state (only U.S. law)? Texas
I was hired by a company that stated they paid all "holiday's & Vacation"pay after 1 full year of service.They did not have health benefits.
After my year of service {never took off work} I requested when will I receive my vacation & holiday pay~~~1st) they told me they didnt know how to pay me because I was the 1st over the road driver they ever had and that they would have to check into it.A few weeks went by and I questioned again.They then told me that the brokers or the main account we had was not paying,and again they would let me know.
A month {after my year of service} I called again,and was then told "We are not going to pay you" because of the economy.In fact no one else within the company will be paid.
I then spoke with terminal managers,other drivers and of course freinds within the company and all of them has taken their vacation & was also paid for holidays after my inquiries. I made more money than them and feel they singled me out because of this.
I have on the company letterhead the written policy on vacation pay and also another drivers paycheck stub which shows holiday & vacation pay after the company told me they were not paying anyone. I understand that the company can choose to opt out on paying vacations if they want to,but is it fair that everyone else is paid and I'm not?
From what I figured they owe me $5083.00 which is too much money for me to just kick out the window.
What are my resources?
Doe's anyone know how I can retreive whats owed to me?
I have contacted the workforce commission and now we play the waiting game {6-9 months}.
Thank You
 


Isis1

Senior Member
the company does not "owe" you anything. vacation pay is a perk. not a legal requirement.

they can chose to withhold. it's their legal right. the only thing that are obligated to pay you, is state minimum wage.
 

pattytx

Senior Member
Have you terminated your employment? Or are you asking for an actual vacation with pay? Or are you asking for the vacation pay in lieu of taking the vacation time? The answer makes a difference.
 

swalsh411

Senior Member
the company does not "owe" you anything.
They do if they have a policy which states he is owed the vacation pay.

According to the Texas Workforce Commission website:


if the employer offers these benefits in writing, the employer would be obligated to comply with their own policy or employment agreement.
 

pattytx

Senior Member
They do if they have a policy which states he is owed the vacation pay.

According to the Texas Workforce Commission website:


if the employer offers these benefits in writing, the employer would be obligated to comply with their own policy or employment agreement.
At termination. I'm not clear if the OP is terminated or not. :confused:
 

shadow52

Junior Member
I was "terminated" because of a workers comp claim.
Not because i didnt work my full time.
I KNOW they are not obligated to pay as I stated in my post,but I do have a written "vacation policy" and they have not given another written policy saying they discontinued it.
 

pattytx

Senior Member
If they have a policy that says they will pay at termination, then they have to pay. The TWC will enforce that.
 

shadow52

Junior Member
Update

Well the TWC must have contacted the employer because the company called me to see if I wanted to take a load somewhere.
I told them I will think about it,because when I really needed them they decided that they were going to terminate me.
From what other employees have said it sounds as if they want me to come back to work so they will not have to pay me for the holidays & vacation.
Now~~should I accept the offer or let them pay my first year first?
The 2nd year is coming up & I already see that since I had problems collecting the first year I will have more problems getting the 2nd year.
I am not sure how TWC works but if I do return to work will they still persue the claim or will they drop it?
I am suppose to let the employer know asap but I don't want to jeopordize the claim with TWC.:confused:
 

pattytx

Senior Member
Vacation issue aside, if you are receiving unemployment benefits and turn down suitable work, you run a very high risk of losing your benefits for the period of time you could have been working and refused the work.

Don't let your feelings for the fairness (or unfairness, however you choose to see it) about vacation pay make you lose your unemployment benefits.
 

shadow52

Junior Member
Thank you "pattytx"

I am still collecting workers comp which is suppose to complete next week.
I have not applied for unemployment.
Since I am still playing the waiting game with TWC I do not want to jeopordize that claim.;)
I do need to know if they will drop it if I go back to the same company or will they continue it no matter who I work for. :)
 

swalsh411

Senior Member
If you're unemployed there is no good reason to delay filing for unemployment. You will not be able to claim "back weeks" prior to the date you file.
 

pattytx

Senior Member
If you're unemployed there is no good reason to delay filing for unemployment. You will not be able to claim "back weeks" prior to the date you file.


Although that is true, you won't qualify for unemployment benefits unless you are "ready, able, and willing" to work. As long as you are still receiving Work Comp benefits, that standard would not be met. How long have you been receiving WC benefits?

But back to your original question, until you are actually terminated, the payout of vacation is a non-issue. The laws about payout of accrued vacation at termination does not include holiday pay. Neither is it unusual for employers to not pay holiday pay to employees on Work Comp.
 
Last edited:

shadow52

Junior Member
From my understanding I was told that if I wanted to go to work with restrictions I would be able to collect workers comp & still get a regular paycheck.My employer stated that my wc claim will still be paid because the dr. has given me a percentage of disability.
My adjuster has made it clear to me that once my claim is depleted I can remain working or file for unemployment.They now pay the maximum weekly amount. I received wc since sept.09 and as i said it will deplete next week.
The law states that you get wc benefits for every 3 weeks of the percentage of your disability, ie 5% = 15 weeks, 50% = 150 weeks etc.
An attorney has accepted my case "Wrongful termination" and is telling me that I do have a valid claim against the employer.I have a paper trail and proof of what I needed.

Thanks everyone for your help. :) ;)
God bless!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top