In Texas. Was laid off;employer short paying my vacation and sick time

[wujiang1900]

I was hired by Meter Smart, Inc., a divison of Hunt Power in Dallas. Two weeks ago the company decided to go for a different direction, and laid off most of the software developers, including me. We were all given a Seperation letter, which states that we would be paid for our accruved and unused vacation.

However, on my last pay stub, in additional to my accuved vacation time, it also shows that I have accruved 33.32 hours of sick time. However, my employer is now refusing to pay my accruved sick time. Is it legal? 33.32 hours of my time would equal to roughly $1650. Is it worthy for me to pursue a lawsuit with them?

Also, my contract with my employer states that I get 4 weeks vacation each year. However, when my emplyer caculated my accruved vacation time, they used 5 days per week, while I believe it should be 7 days per week. Thus it created a difference of about 12 hours, which roughly equals to $600. Do you think it is legal for my employer to do so? Is it worthy for me to pursue a lawsuit with them?

Your professional opinion is highly appreciated! If you have any questions, please email me at [email protected].

Thank you!What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[cbg]

Texas does not require the payout of unused vacation time unless company policy or contract expressly says otherwise. No state requires the payout of unused sick time with the same caveat.

A vacation week is 5 days, not 7.

 

[wujiang1900]

Thanks a lot for the reply and information!

Thanks a lot for the reply and information!

 

[ecmst12]

Is a work week for you 5 days or 7 days? Do you work through the weekend, every week? Of course not. So a vacation week is exactly like a regular work week - 5 days/40 hours, in almost all cases.