Vacation Benefits & Expenses Reimbursement

What is the name of your state? NJ

I left a software consulting company with out Notice ( My employment with the company is at WILL from both the sides) . How ever the company is not responding to the queries to pay my 2 week Vacation Benefit & around $2000 dollars as expenses which the company needs to pay as part of previous relocation .

I left the company on 6 th July and the HR dept accepeted my resignation .

Is it right for the company to refuse to pay the above ?If not where should i complain and any attorney can help me ?

Thanks
itsadde

As to whether it is "right" or not, that is a matter of anyone's subjective opinion. But as to whether it is legal, yes, it is. Nothing in either Federal or New Jersey law requires an employer to pay out vacation time at termination.

I am looking for legal advise.My company Handbook states incase the employer leaves the company he can en-cash the left vacation .still i am not eligible ?

Thanks
Itsadde

Does it say that they WILL pay it out, that they CAN pay it out, or that they MAY pay it out? It makes a difference.

This is the Exact phrase used in the Handbook:

Should any employee cease to be on Company's payroll for any reason; any unused accrued paid vacation time will be paid out to the employee with the employee's final paycheck from the Company.

The company's employment policy is like this:

THE EMPLOYMENT RELATIONSHIP BETWEEN AN Employee AND THE COMPANY IS "AT-WILL” WHICH MEANS THE Employee OR THE COMPANY HAS THE RIGHT TO TERMINATE AN Employee's EMPLOYMENT FOR ANY LAWFUL REASON OR NO REASON, WITH OR WITHOUT NOTICE. Nevertheless, in the spirit of cooperation, the Company requests that an employee who voluntarily resigns from the Company provide adequate notice; a minimum of two weeks' notice would be preferred.

The employment policy is meaningless. They are allowed to request two weeks notice. They cannot make it a requirement in an at-will state. Two weeks notice is customary and courteous, but not mandatory.

My understanding of NJ law is that since the statement on vacation payout does not contain any qualifiers, the DOL is likely to take that as a commitment that they will pay it to all employees. If there had been a qualifier, such as that it will paid out to employees who provide two weeks notice, they would not have to pay it to you. As I said, the law does not require them to pay it, so it's really going to be a matter of company policy.

One caveat. IF (and I have no way of knowing whether this is the case, but IF) they have historically failed to pay it to employees who leave without notice, then they may not have to pay it to you regardless of the lack of qualifiers in the handbook.

You will need to contact the state DOL for a final decision. They are also the ones with whom you would file a complaint if the DOL decides that you are owed the vacation time. At this point, there is no need for an attorney.

Thanks a lot .I will enquire the company's history in paying the vacation after resignation and proceed.