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final pay w/ vacation pay

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coolmom1260

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

I resigned from my company in New Jersey. I know that they have until the next scheduled payday to get my final check to me. New Jersey does not by law have to pay vacation time accrued, but my company has a history of doing so ( I know several employees who have received all their accrued vacation in their final paycheck). My question is: Are they by law required to be consistant? What do I do first if the accrued vacation is not in my last check. Should I call them first and try to reason with them or just file a complaint with the Dept. of Labor. Does the burden of proof fall on me (will I have to contact other employee's I know have gotten paid accrued vacation time) or does it fall on the employer to try to prove that they didn't.
 
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