Vacation Pay

[dtm1966]

What is the name of your state? Texas

I was an employee for a contracting firm I will call company A. My employer contracted me to a company I will call Company B. The contract between the two companies was not renewed (after 20 years) and I was laid of. My employer agreed to pay me (and the other employees) my unused vacation as soon as all invoices related to the contract were paid. I have 80 hours of unused vacation.

He would never put this agreement in writing even when asked but verbally told me and several other employees and the contact person for Company B multiple times. His vacation policy in the employee handbook is extremely vague.

All invoices related to wages and services have been paid to Company A from Company B. My employer has now created an invoice covering 20 years of late payments caused because the contract said new 30 days and the invoices themselves said net 10 days. The company B says won't pay the last fees since he never brought up the discrepancy in 20 years but waited until they failed to renew the contract.

I know I can’t use the Texas Payday laws since the vacation policy had nothing in writing about how vacation pay would be handled after termination but can I claim a verbal contract between me and my employer since he promised to pay the vacation based on a certain condition.

 

[Beth3]

Texas reg's leave the issue of vacation pay upon separation up to the employer; i.e. it's a matter of company policy.

...can I claim a verbal contract between me and my employer since he promised to pay the vacation based on a certain condition. You can try.

 

[dtm1966]

I also should have mentioned he paid 1 of the 7 employees with unpaid vacation but not the other 6. The person he paid was the only person not picked up by another contract company and so still out of work 2-3 weeks later. Since we were all laid off at the same time for the same reason can he choose who he pays and who he doesn't pay vacation too

Thanks

 

[Beth3]

Since we were all laid off at the same time for the same reason can he choose who he pays and who he doesn't pay vacation too In those States that leave vacation pay upon separation up to company policy, it is also generally held that the employer must be consistent in applying that policy. In other words, they can't "pick and choose" on a whim. You may have something more substantial here than on the "verbal contact" idea. Contact Texas's Department of Labor and see if they will assist you. If they can't, then your next option is small claims court.

 

[cbg]

HOWEVER if he decided to pay the one person out of kindness BECAUSE OF the fact that he was not picked up by the other contract company, that is NOT illegal and does NOT obligate him to pay the other six.