Vacation owed to me

[truckdriver105]

What is the name of your state (only U.S. law)? NJ

I live in NJ have worked for the same trash company fro 10 yrs. They may be in jeapoardy of loosing their business with dept of enviormental protection. I told my boss last week I had another job...asked how much time he wanted. I could give him up to two weeks. I knew that wasnt going to happen they usually just tell everyone leave now. This happened on a Friday, 8/14/09. I worked 8/15, 8/16. On 8/17 my back was hurting so they let me leave early. On 8/18 they gave me the day off..to rest for my back.

They said when I pick up my check on Friday they will have legal papers for me to sign . I am just a trash driver not a manager or sales rep. Also, am I entitled to my 2 weeks vacation pay that I never used? If I am, how do I go about getting it?

Thx

 

[pattytx]

New Jersey is a "follow your policy" state when it comes to payment of accrued vacation at termination. If it is the company policy to pay out vacation at termination, then they must do so. You aren't covered by a union contract I take it?

We would have no idea what "papers" the employer wants you to sign. I will tell you that you do not have to sign anything to get your paycheck. If you want to come back and post the gist of what they are asking you to sign once you get the "papers", feel free. I can't think of any reason why, whatever they will ask you to sign, would have to be signed immediately.

 

[njparalegal]

New Jersey is a "follow your policy" state when it comes to payment of accrued vacation at termination. If it is the company policy to pay out vacation at termination, then they must do so. You aren't covered by a union contract I take it?

We would have no idea what "papers" the employer wants you to sign. I will tell you that you do not have to sign anything to get your paycheck. If you want to come back and post the gist of what they are asking you to sign once you get the "papers", feel free. I can't think of any reason why, whatever they will ask you to sign, would have to be signed immediately.

its just papers from their attorney saying that i would be liable for any customers taken from them. the new job is basicly one of their competitors. I am not a salesman or manager and never signed anything before.

very confused on my vaction time if I am even entitled to it or not. I know the papers i will not sign.

 

[pattytx]

Having you sign a noncompete agreement now is relatively useless and doesn't buy you anything. "Liable for any customers taken from them"? What the heck does that mena?

If they aren't offering you anything to sign it, I wouldn't. If they offer you something as incentive to sign, have it reviewed by an attorney before you do so.

Relative to the accrued vacation, if your final paycheck does not include it, you can file a claim with the state Dept. of Labor. It either works or it doesn't.

 

[cbg]

FYI, as far as your vacation is concerned, you are only due it IF your company has a policy to pay it out on termination. If they don't, you are SOL.