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Vacation Pay Upon Leaving

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Gumnutza

Junior Member
What is the name of your state? Indiana

I recently left my place of employment (after being there 3 years) with 2 weeks notice. There is no policy regarding compensating employees for unused vacation time upon them leaving and the conversation I initially had with the owner/GM led me to believe I WOULD be compensated. He is now telling me that it has to go before the board (3 owners for a company that employed 4 people) and is sounding like they may or may not cut a check for my vacation time. Is it legal for them to NOT compensate me for unused vacation time?

Side note - they require employees to take one week of their vacation time the week between Christmas and New Year's. Since I only had one week coming, this is when I would have had to take my vacation. I left December 14th.
 


cbg

I'm a Northern Girl
In Indiana, if there is no written policy specifying the circumstances under which you can lose that time, chances are they will have to pay it out. Indiana does not have any law requiring that vacation be paid out, but there have been court cases in which vacation has been considered to be part of the employee's wages.

However, in those instances in which an employer has a policy that specifies, you will only get your vacation paid out if you X (i.e. give two weeks notice, have worked for the company for a full 12 months, etc.), then if you do not X, it is legal for them to withhold your vacation.
 

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