Terminated-Vacation Pay Applies??

[CMJT]

What is the name of your state? Arkansas
I was employed by a retail store for a year. My employment has been terminated by my employer. My question is: am I still eligible for my vacation pay? I became eligible for one (1) week vacation as of January 5th,2005. I was terminated yesterday. Is my employer required to pay for my vacation time? I have also read that lawas and regulations vary State to State. One of the things I've read was that the employer might be required to give a notice of termination based on the length of my employment...unless it is a termination based on illegal activities or other misconduct. Can someone clarify this for me? Thank you.

 

[cbg]

Is my employer required to pay for my vacation time? I have also read that lawas and regulations vary State to State.

You are correct that it varies from state to state. However, in the state of Arkansas, there is no statue requiring an employer to pay out unused vacation time at termination, regardless of the circumstances. It is entirely up to your employer whether to pay out unused vacation time or not.

One of the things I've read was that the employer might be required to give a notice of termination based on the length of my employment...unless it is a termination based on illegal activities or other misconduct.

I don't know what you've read or where you read it, but I can find nothing to indicate that Arkansas law requires you to be given any notice of your termination regardless of the reason for it.

 

[CMJT]

Thank you for your help. I forgot to ask one question thoguh....I was payed on commission and we would receive a bonus at the first of the month. If my monthly sales were at a certain amount, I would get a percentage of that as a bonus. This is usually added to your regular check on the first payday after the end of the month. In my case, this would be next Thursday(our payrol period starts on Mon. and ends on Sun.) I was off Mon-Tue. and resumed my work on Wednesday on which I was told about my termination. I know I should call and ask my former boss,but do you think I should get payed my bonus? Manager does the payroll on computer and it's then forwarded to accounting office at the corporate headquarters so it's his responsibility to make that adjustment. I need to call him by tomorrow but I wanted to know if I'm not going to sound like I'm begging for it. I think I've earned it. What do you think?

Is my employer required to pay for my vacation time? I have also read that lawas and regulations vary State to State.

You are correct that it varies from state to state. However, in the state of Arkansas, there is no statue requiring an employer to pay out unused vacation time at termination, regardless of the circumstances. It is entirely up to your employer whether to pay out unused vacation time or not.

One of the things I've read was that the employer might be required to give a notice of termination based on the length of my employment...unless it is a termination based on illegal activities or other misconduct.

I don't know what you've read or where you read it, but I can find nothing to indicate that Arkansas law requires you to be given any notice of your termination regardless of the reason for it.

 

[pattytx]

Whether or not you get paid your commissions will most likely depend on the company's plan and if it states that you must be an employee at the time commissions are paid. You can always call the Arkansas Dept. of Labor to inquire whether there is a legal requirement for them to pay it, but I doubt it, since Arkansas is a pretty employer-friendly state as far as labor laws are concerned.

However, you have nothing to lose by asking your manager, except maybe making the manager reconsider paying the commissions if he was going to anyway. Or, you could just wait and see if it is on your final check and then question if you don't get it. It's up to you.

 

[CMJT]

Thank you Patty.
Just to make it clear: the bonus is not my commission, rather premium pay. I have not earned any commission tht week, since I have not worked. Premium pay would be what we call bonus. It amounts to 1% of my total sales during the month of January. That bonus is added to my regualr commission. I think I should get payed for it.
If you familiar with some of the laws of Arkansas, I was wondering what your opinion is on what I wrote initially. Am I eligible for vacation pay if I was terminated or not?
Thanks again for any info.

PS I've tried contacting someone at Labor Dept. but you know how it is.You get a round-around and no one knows anything. I wasn't able to find anything online

 

[pattytx]

I searched the Arkansas labor laws and could not find anything regulating payment of vacation pay at termination (as cbg has already responded) or bonuses/commissions being vested when earned. In most cases, when state labor laws are silent on issues, that means there is no regulation, and the default is the federal Wage and Hour laws, which have no requirements either for the two issues you are questioning. In the absence of such state or federal regulations, company policy normally applies. If the company policy says you are paid your earned but untaken vacation at termination, then the company should comply with the policy. Same with bonuses/commissions.

So it looks like neither federal nor state labor laws are going to be of any help to you.