QUESTION

Can a previous employer not pay me for my last 3 days of work because they gave me a paid vacation?

Asked on Aug 17th, 2012 on Labor and Employment - Indiana
More details to this question:
My previous employer gave me a week for vacation and paid me for it. Unfortunately due to other legal circumstances I had to quit and leave unexpectedly about a month later. When she told me that she would pay me my last 3 days after the next pay period I assumed I would be paid for the week due to being a salaried employee, so I sent an e-mail asking why I wouldn''t be paid for the week. She furiously wrote back and stated that she didn''t have to pay me and that since she gave me a paid vacation that we are technically even. I looked into the labor laws and saw that she was correct in saying that she would pay me for the 3 days because I technically left for personal reasons, so I have no argument there. Can she really withhold my last paycheck because she gave me a paid vacation that I didn''t even ask for?
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1 ANSWER

Employment Law Attorney serving Chicago, IL
Partner at Goldman & Ehrlich
4 Awards
You are entitled to be paid for each day you actually worked.  The fact that she gave you a paid vacation prior to this is not relevant, especially if you are entitled to paid vacations with this employer.  You should probably speak to an attorney can consider filing a wage claim with your state Department of labor
Answered on Aug 20th, 2012 at 11:20 AM

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