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Vacation Pay Out after Company Sells

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JDS2282

Junior Member
What is the name of your state (only U.S. law)? Arizona

Long story short..
I worked for a pool company for about 11 months in which I accrued vacation pay in the amount of 40hrs. They sold the pool route and the new owner kept me on for a month until laying me off. My question is, does my previous company owe me my vacation time I was promised?
 


cbg

I'm a Northern Girl
What does the company policy say? Does it expressly say that unused vacation will be paid out? Does it say it will be paid under certain circumstances? Does it say?

Arizona law is silent on the subject, but Arizona likes employers to follow their policies.
 

JDS2282

Junior Member
What does the company policy say? Does it expressly say that unused vacation will be paid out? Does it say it will be paid under certain circumstances? Does it say?

Arizona law is silent on the subject, but Arizona likes employers to follow their policies.
I don't even believe there is a company policy on vacation time. This was a small company with only three employees total
 

cbg

I'm a Northern Girl
Then no, the law will not force your employer to pay out unused vacation if he does not do so voluntarily.
 

FlyingRon

Senior Member
Arizona requires the new owner to carry over your vacation time. Unlike California, it's not considered already "earned wages" in Arizona. The company is only obligated to pay vacation time on termination if they already had the practice of doing so. You could make an argument that if under the previous management they did, that may still constitute the practice.
 

cbg

I'm a Northern Girl
Arizona requires the new owner to carry over your vacation time.

Not arguing, asking. Where did you find that? I did a rather extensive search and didn't see anything about that, but I can see where the terms I was using to search on might not have included that kind of requirement.
 

Zigner

Senior Member, Non-Attorney
Arizona requires the new owner to carry over your vacation time. Unlike California, it's not considered already "earned wages" in Arizona. The company is only obligated to pay vacation time on termination if they already had the practice of doing so. You could make an argument that if under the previous management they did, that may still constitute the practice.
It doesn't sound like the business was purchased...
 

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