Unused vacation time and Termination

AgentJean

Banned
Jun 7, 2006
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Lets say someone has a few weeks of vacation time saved up on the books and then their employer one day fires them. Is the former employee entitled to that pay or is it gone?
 

AgentJean

Banned
Jun 7, 2006
1,280
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Originally posted by: Taggart
I got paid on my unused vacation time when I got fired.

Yeah, but if they didn't pay you would you have any grounds to go after them?

I had like 70 hours saved up. Thats like 2 weeks of pay.
I don't get my final check till the first but I have a feeling they won't pay me my unused vacation time.
 

wasssup

Diamond Member
Nov 28, 2000
3,142
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Originally posted by: AgentJean
Lets say someone has a few weeks of vacation time saved up on the books and then their employer one day fires them. Is the former employee entitled to that pay or is it gone?

you got fired?
 

Taggart

Diamond Member
Apr 23, 2001
4,384
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Is it a big company? If so I bet they'll pay you. I would ask HR what the policy is regardless.
 

AgentJean

Banned
Jun 7, 2006
1,280
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Originally posted by: wasssup
Originally posted by: AgentJean
Lets say someone has a few weeks of vacation time saved up on the books and then their employer one day fires them. Is the former employee entitled to that pay or is it gone?

you got fired?

Yup.

I got sick of the crap going on at work(server's not working I/T goofing off and me stuck on the front lines doing BS damage control with the customers).
I told my supervisor I was tired of it. He told me to go home. A few hours later HR calls telling me I'm no longer employed.

I never said I quit, I just said I was sick of the crap @$$ excuses I/T comes up with.


BTW This was not the first time the servers went down. Its like the 9th time this year alone. They always say a new system is coming out. They've been saying that for the 18 months I've been there.

Our "Fix" would be to move customers to another server. Weeks later that server would go down then we'd move them back to the server they were originially on. Yeah, that's smart IT work.
 

turunturun

Member
Sep 6, 2000
171
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I don't think by law employers are required to give paid vacation. You can bet that if you quit and you have a NEGATIVE vacation balance though, they would ask you to pay it back...
I think it is up to the company to determine the policy.
Most good companies would honor vacation balances tho.
 

FoBoT

No Lifer
Apr 30, 2001
63,089
12
76
fobot.com
most companies have a policy
they would have to follow their policy

if they don't have a published policy, then i think you are SOL
 

AgentJean

Banned
Jun 7, 2006
1,280
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Originally posted by: turunturun
I don't think by law employers are required to give paid vacation. You can bet that if you quit and you have a NEGATIVE vacation balance though, they would ask you to pay it back...
I think it is up to the company to determine the policy.
Most good companies would honor vacation balances tho.

Right, they are not requried to give paid vacation time but as part of my compensation I am given 10 days a year.
 

vi edit

Elite Member
Super Moderator
Oct 28, 1999
62,403
8,199
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That's usually covered in orientation and in the employee handbook. It varies by company.

I had an employer that pretty much refused to pay it out. They'd rather you burn it off your last few days/weeks whatever instead of working up to the last day and cashing out a check for the balance.

Another employer paid it out, but only if you left on good terms - IE not fired or didn't do anything stupid your last day(s).

My current employer pays it out under any circumstance if you leave the company.

Just depends on the company. They aren't required to do it though.
 

compuwiz1

Admin Emeritus Elite Member
Oct 9, 1999
27,113
925
126
Most companies have a policy regarding how long you can store up vacation time. If you are within those perameters, they should have to pay you. In CA, if you are terminated, the employer has to issue a final check with all monies owed you, upon termination.
 

Buck Armstrong

Platinum Member
Dec 17, 2004
2,015
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My employer pays for up to 225 hours at your usual salary, and you can accumulate hours for as many years as you work there (ie, there is no time limit).
 

Baked

Lifer
Dec 28, 2004
36,152
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81
You just said "I'm tired of it" to your boss and got fired? I don't think so. I think you told him something to the effect of "There are motherfvcking dumbasses in this department!"
 

AgentJean

Banned
Jun 7, 2006
1,280
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Originally posted by: Baked
You just said "I'm tired of it" to your boss and got fired? I don't think so. I think you told him something to the effect of "There are motherfvcking dumbasses in this department!"


I might have slight a few colorful metaphors but I didn't call anyone any names.

Maybe he got rid of me to get the other reps in the support department in line.
They were talking about how screwed the company would be if 4 people just left(that's alsmot 50% of the support department). I was not one part of the group but felt the same as they did about the complete lack of professionalism ,care and foresight from the higher ups regarding just about everything(How professional is it to upgrade a database server without making a complete backup? The upgrade failed a roll back was required and 100s of customers databases were lost with all data inside) Or they would upgrade the PHP version to version on the older webserver breaking most PHP4 apps. Never sent 1 word to the customers that it was going to be done and the possible issues it would create. They would call the support center and we would be like

"Yeah the admins upgraded your server to the lastest version of PHP. You'll need to update your code" Just PURE BS

I haven't spoken to anyone since I was told to go home(the firing notcie was left on my voice mail), I'm not even going into return my key and entry card. It's in the mail.

FYI, the post office is only a few blocks down from the office where I once worked.

 

petejk

Senior member
Apr 6, 2002
463
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0
I had to work in a software support role back in the dot-com-bomb. You want to know what support feels like?

Run out onto the street, get hit by a car, then let 20 random people piss and defocate on you.


Anyway...hope all goes well with you finding a new gig.
 

bennylong

Platinum Member
Apr 20, 2006
2,493
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0
Yea, I got a $3,000 check for unused vacation when I was layoff. And another one for $500 unused vacation when I quit
 

Baked

Lifer
Dec 28, 2004
36,152
17
81
Ouch, that sucks. Well, good luck finding a new job at a place w/ a better policy and people.
 

AaronB

Golden Member
Dec 25, 2002
1,214
0
0
Whether or not they have to pay you for unused vacation time is often covered by your state's labor laws. Not company policy. Some examples: (random, and may have been superceeded with newer laws)

In Georgia there is no requirement for unused vacation time to be paid when you leave the company. Zip, zero, nada.

In Louisiana you are entitled to payment for any unused accrued vacation time, even if you are fired. Company policy is not a factor.

In Texas, there is only the requirement that the company follow it's own policy on the matter. The company could have a policy that you not receive pay for unused vacation time when you leave and you would be screwed, but you shouldn't have been working there in the first place.


The point is that you should check with your state's Department of Labor.
 

BoomerD

No Lifer
Feb 26, 2006
63,428
11,757
136
Kahleeforneeya law says they have to pay you any accrued vacation upon termination...AND, if they fire you, they have to pay you immediately, but if you quit, they have 72 hours...This applies to wages earned, and vacation pay as well.
 

AgentJean

Banned
Jun 7, 2006
1,280
0
0
Originally posted by: BoomerD
Kahleeforneeya law says they have to pay you any accrued vacation upon termination...AND, if they fire you, they have to pay you immediately, but if you quit, they have 72 hours...This applies to wages earned, and vacation pay as well.

VA law in regards to the last check say it must be paid before or at the next payday but no later then the next payday(which is next friday)

Originally posted by: Baked
Ouch, that sucks. Well, good luck finding a new job at a place w/ a better policy and people.

I have a interview today(the day after my canning) This was arranged on Monday
I hope all goes well with that interview.

 

DaiShan

Diamond Member
Jul 5, 2001
9,617
1
0
Originally posted by: petejk
I had to work in a software support role back in the dot-com-bomb. You want to know what support feels like?

Run out onto the street, get hit by a car, then let 20 random people piss and defocate on you.


Anyway...hope all goes well with you finding a new gig.

Phone support is by FAR the worst job that I've ever had. I've stuffed envelopes, done manual labor, and was on call 24/7 as a sys admin for a company that was severely overloading their servers. I'd much rather get a page in the middle of the night to fix a server than do phone support.
 
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