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owed vacation pay after giving two weeks notice .

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ljhuff

Junior Member
What is the name of your state?Texas .Igave my boss two weeks notice and I still have oneweek vacation left.Do my employer have to pay me for that week on my last paycheck?
 


marbol

Member
pattytx said:
Unless the company has a policy to pay such accrued vacation at termination, or a written agreement with the employees, Texas law does not require them to. See here, specifically Section 61.
http://www.capitol.state.tx.us/cgi-bin/cqcgi
Your link doesnt' seem to work. But I might also add that if you can show that the company paid anyone else in the company unused vacation when they QUIT (not anyone that was terminated), then you will be able to get your vacation paid.

Texas law only requires a company to pay you unused vacation and comp time when you are terminated. If you quit, you are supposed to use your vacation up first.

Another complication could be if you tried to take your vacation before you quit but were told you could not take it at that time. If you have proof of that in writing, you can also file with the texas workforce commission and they will see to it that you are paid at least for the time you tried to take but were refused.
 

pattytx

Senior Member
Sorry, here is the correct link. http://www.capitol.state.tx.us/statutes/la.toc.htm

But I might also add that if you can show that the company paid anyone else in the company unused vacation when they QUIT (not anyone that was terminated), then you will be able to get your vacation paid.
Only if that precedent was prevalent enough to imply the employer actually had a policy of doing so.
Texas law only requires a company to pay you unused vacation and comp time when you are terminated. If you quit, you are supposed to use your vacation up first.
And where is the law that states that?
Another complication could be if you tried to take your vacation before you quit but were told you could not take it at that time. If you have proof of that in writing, you can also file with the texas workforce commission and they will see to it that you are paid at least for the time you tried to take but were refused.
Same question. Where is the law that requires that?

marbol, I think you're confusing laws with practices of your former employers.
 

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