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Unpaid Vacation not paid out -- New York

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Junior Member
I was hoping that you could provide some advice for me. Do I have something legal here? This companies standard business conduct is to walk out employees the day they announce they are leaving and pay out the 2 weeks IF you give 2 weeks notice. I gave 2 weeks notice. I also had 52.5 hours ununes leave. Aren't they (company in New York) legally obligated to pay this? They are saying that they used my unused vacation as part of my 2 weeks.

What is the name of your state? New York

Dr. HR Representative,

I spoke with XXX to enquire about the payout for my unused vacation time of 52.5 hours. Based on the fact that I resigned giving 2 weeks notice the agreement per YYY and confirmed at the time of my exit interview with you was that I would be paid for the 2 weeks plus any unused vacation time.

In our conversation I specifically did not agree to using my vacation time towards the two weeks. I let YYY know that I was willing to work up until July 27th. It was her decision to have me leave before that.

The reason I am writing is that I am legally expecting to see a check for the 52.5 vacation hours. Can you please let me know when I can expect to receive my vacation payout.



Senior Member
NY State requires that earned but unused vacation be paid upon separation unless the employer is a written policy to the contrary. An employer has no obligation to pay you beyond the last day you actually worked, even if they walked you to the door the day you gave two weeks notice.

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