QUESTION
Can my previous employer refuse to pay me for unused vacation?
Asked on Jul 19th, 2013 on Labor and Employment - Virginia
More details to this question:
I recently changed jobs and my previous employer is refusing to pay me for all of my unused vacation time. I had 163 hours of unused vacation. They claim that, as per the company handbook, vacation time cannot be carried over into the new year without the prior written consent of the owner....well, I do have his written consent and the letter he gave me even lists the exact number of hours that he was allowing me to carry over. Now that I've left the company and am requesting payment for those hours they are refusing to pay me. I did receive payment for 80 of those hours 3 weeks after leaving the company but they are stating that that was simply "a show of good faith" and that I will not receive any further payment. I'm still owed for 83 hours which is about $2200 and I want what's owed me. What can I do?
1 ANSWER
In Virginia, vacation pay is a matter of contract. In practice, that means that the company policy controls, unless somebody told you different or acted otherwise. Something in writing from the owner is probably enough to argue that you got an exception to the handbook policy about carrying vacation over. The more important question is whether it was the company's policy, either written or in practice, to pay separated employees for their accrued vacation time. If they didn't pay anybody their accrued vacation upon separation, you may be out of luck. If they paid everybody, they have to pay you. If the policy was not to pay anybody but they paid everybody anyway, they probably have to pay you as well.
Answered on Jul 31st, 2013 at 1:51 PM