Vacation Pay

[Uncle Dudley]

I drove truck for a NC company for 1 1/2 years, I gave a written 1 week notice of resignation. I was told the same day they did not accept notice and I was terminated immediately. After turning back in all work related items, I was informed that I forfeit any vacation pay due. I am entitled to 1 week vacation after the first year, which I had not taken. Should I be entitled under law to receive payment for that vacation time acrued but not taken?

 

[cbg]

That depends.

NC law requires that an employer follow their policy; however, the law is specific that the employees must be aware of the policy and in the absence of a policy, vacation must be paid. So if there is a company policy that vacation will not be paid on termination AND you have been given advance notice of that, then they do not have to pay it. BUT if there is either no policy that they will not pay OR if the employees have never been notified of the policy, then they do have to pay it.

It is far more likely that they do have to pay it than that they don't, but we can't give you an absolute answer without seeing any written vacation policies the company has.