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vacation payment

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atulsawant

Junior Member
What is the name of your state? New Jersey.

I recently left my company(state MI) after giving proper more than 2 weeks notice. But my company has not yet paid my accured vacation hours(ie 250 hrs) after continuous follow up with them. Please tell me what shall i do?.

AS
 


cbg

I'm a Northern Girl
Because you worked in New Jersey, New Jersey law applies to you. And in New Jersey, there is no legal requirement that unused vacation time be paid at termination.

It will be entirely up to your employer when, or whether, to pay out your vacation time.
 

atulsawant

Junior Member
But the company's policy says as per given below:

Employees accrue vacation time with each payroll and will be able to see their vacation balance posted on each check. Accrued but unused vacation will normally be paid to the employee upon separation from active employment with the Company. The amount to be distributed will be based upon corporate payroll summary sheets. Additionally, if termination from employment is for cause, or if less than two weeks notice was given, accrued but unused vacation time will be forfeited.

As per the above contents from company policy handbook, are they liable to pay me the entire accrued vacation?.

AS
 

cbg

I'm a Northern Girl
Possibly. But since the law doesn't require them to pay it at all, there is no time frame in which they are legally required to pay it.

If they want to take two weeks, or two months, or six months, to pay it, they may.
 

cbg

I'm a Northern Girl
ALL you can do is ask. Since they have no legal obligation to pay it in the first place, you have NO means of forcing them to pay it one minute sooner than they want to.

Push too hard and they just might decide not to pay it at all. They're not obligated to.
 

atulsawant

Junior Member
vacation payment rate

I have a question about payment of vacation. What rate they should pay us for the accrued vacation?. is that as per the last pay rate(ie per hour rate) before resign?.

Please reply me.
Atul
 

cbg

I'm a Northern Girl
Since they have no legal obligation to pay the vacation out at all, they can pay it out at any rate they want.
 

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