Federal employment laws and most state laws don't require employers to pay out sick or vacation time that has accrued. Check your state labor laws to see what the procedure is regarding payout when leaving a job, but more than likely it will go by the company policies.
See what they normally payout when an employee leaves. If you have an email or a witness that said you did not have to keep time sheets anymore that would be great. Other than that, is there a supervisor or co-worker who can vouche for your 40 hour work weeks?
Good luck
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Submitted 572 days ago...
Is an employee entitled to vacation pay when she/he terminates employment?
At the end of 2007 I accepted a position with another employer. I gave my prior boss over 2 weeks notice. As I had done in previous years with that employer, I took my vacation the last week of the year/1st week of the new year. Now she informs me that I am not entitled to vacation UNLESS I can prove to her that I worked 40 hours per week. At the beginning of 2007 she told me she was going to salary me and that I did not need to keep timesheets. I was told I would have the same benefits, etc as in previous years.
Without researching court cases, I tend to believe that I am entitled to the vacation pay based on prior behavior (setting of a precedence as acceptance by the employer). What recourse do I have in this matter?
Answers
Answer 1 / 3 -
Submitted 572 days ago...
Answer 2 / 3 -
Submitted 523 days ago...
The burden of proof is upon your boss. She should of made sure that you clocked in and out or filled out a time card. Salary or hourly wages she told you your benifits would be the same. Call your labor board. She has to be able to show what you made she should have records of how she paid and how much she paid you. It sounds like because your quitting that she is trying to cheat you out of your vacation. Just a little piece of advise for in the future on your next job. Take your vacation or make sure you get your vacation pay piror to giving your two weeks notice as this will prevent any promblems.
Answer 3 / 3 -
Submitted 523 days ago...
Your boss should know that you were working 40 hours a week or not.
that isn't really fair to you to prove it, because it is your word against his.
as this was 50 days ago when you asked this, what happened?
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