Can a employer not pay you unused vacation hours when laid off ?

[compguy786]

Hello guys/gals,

I worked for a third party company which offered me 15 days of PTO the day i signed my contract. They decided to lay me off and some others less than 6 months later. The company has a no cash out policy apparently, but i am getting paid for residual hours (time accrued) during my time. They arent identifying my 15 days of PTO as that is apparently supposed to start the following year (does not say this in contract or any document i signed)

The company also does not have a HR document that states that you accrue PTO by the amount of hours you work (8 hours per 40 hours worked or something) So far the manager is the only person who has typed this out....they have no actual document that has this policy.

Am i right to demand my unused vacation hours paid out to me ? They contradict themselves by saying they have no cash out policy, yet are offering me like $500 for the hours i accrued ? Would love your advice, as technically they owe me like $5400 for my unused vacation.....

Thanks !

 

[Cappuccino]

wow another 100k salary man kill me pls

 

[purbeast0]

It would depend on when it accrues. It seems that is all over the place. First they say it's after a year but then you say that's not documented. Then they say you accrue it after each pay period basically, but the 8 hours of PTO per 40 hours worked is a lot more than 15 days of PTO you stated you got.

So basically I don't know but it sounds like there is no formal policy and like you're out of luck basically. Always ask next time you get a job how the PTO accrues and when it starts.

 

[JulesMaximus]

Depends what state you live in also.

 

[Darwin333]

wow another 100k salary man kill me pls

Roughly 6 grand under considering 261 work days in a year, assuming he is a 5 day a week/8 hour a day worker which it kind of sounds like.

 

[BoomerD]

Depends what state you live in also.

This. FEDERAL law doesn't require them to pay ANY vacation pay under any circumstance, but your STATE law might require them to pay you for any unused vacation pay upon termination of employment.

 

[AznAnarchy99]

This. FEDERAL law doesn't require them to pay ANY vacation pay under any circumstance, but your STATE law might require them to pay you for any unused vacation pay upon termination of employment.

Nice. Just looked it up and California is a state where they have to pay you out. However that doesn't apply to sick hours though

 

[BoomerD]

Nice. Just looked it up and California is a state where they have to pay you out. However that doesn't apply to sick hours though

Yep. CA is one of the states that treat vacation pay just like other forms of wages/salary. You earn it...they HAVE to pay it.

http://www.workplacefairness.org/vacation-pay#5

5. I have accrued vacation time that I will not use before leaving my company. Is the company required to pay me for that time?
It depends on your employer and where you live. 24 states—Alaska, Arizona, California, Colorado, Illinois, Indiana, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Nebraska, New Hampshire, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island (after one year of employment), Tennessee, West Virginia, and Wyoming—and the District of Columbia have laws regarding payment of accrued vacation time. However, in those states, you are only given a legal right to challenge an employer over unpaid accrued vacation time in your final paycheck if the employer promised payment of unpaid accrued vacation time in your final paycheck. In the rest of the states, there is no state law that requires your employer to pay you for accrued vacation leave, although your employer may do so voluntarily, or may have to do so if required by a policy or contract.Though no state has a law requiring employers to promise to pay for accrued vacation days, some states do hold employers accountable if they make the promise and break it.

 

[compguy786]

I live in NC....where the last government ruined 99% things for regular citizens....so im sure im f#$#@

 

[BoomerD]

I live in NC....where the last government ruined 99% things for regular citizens....so im sure im f#$#@

With that info...

http://www.nclabor.com/wh/fact sheets/promisedwages.htm

Earned vacation pay, commissions, and bonuses cannot be forfeited unless the employer has a written forfeiture clause in its vacation, commission, or bonus policy or termination policy pursuant to N.C.G.S. 95-25.13(2) of the WHA. Keep in mind that vacation pay, commissions, or bonuses have to be earned, regardless if a verbal promise or a written policy, before an employer has to pay them at all. Also, even if there is a written policy that has a written forfeiture clause, an employee may still be due the earned vacation pay, commissions, or bonuses at termination. It all depends on the language of the forfeiture clause and the reason/s the employee's employment was discontinued, and if the reason/s meet the criteria in the written forfeiture clause.

 

[dave_the_nerd]

Depends on the state.

Next time, vote for people who like Worker Protections.

 

[s0me0nesmind1]

Depends what state you live in also.

That is THE determining factor. The state says whether or not they must pay it out. If they don't have to pay it out, no employer will pay it out.

 

[TwiceOver]

That is THE determining factor. The state says whether or not they must pay it out. If they don't have to pay it out, no employer will pay it out.

Unless the employer has already spelled it out in the handbook. My state does not require the employer to pay out any vacation or sick time. It is in our handbook that we will be given up to 4 weeks of all accrued vacation time at separation from the company.

So not "no" employer. "Shitty" employers, yes.

 

[Cuular]

Since the PTO is for a years time, I bet they will only owe you for half of the time, if you try and take them to court. Since they say you accrued some, and are paying you for accrued time, that basically answers your question. Had you worked there for two years, and never taken any PTO, then they would have to pay you for 30 days of accrued PTO.

IANAL.