In Wisconsin, whether you are entitled to be paid unused vacation pay upon termination depends on the employer's policies and practices. If the written policy on vacation pay says you get paid vacation pay upon termination, then you have a right to that payment. If the policy says unused vacation pay is not paid, then you don't get it. If the policy is silent, then the general rule is that an employer is obligated to pay it.
If you believe you should receive the vacation pay, then you can file a complaint with the Labor Standards Bureau for the Equal Rights Division of Wisconsin's Department of Workforce Development. It will conduct an investigation and attempt to recover the unpaid vacation as a wage. The only limitation is that if you were in a management position, commissioned sales or privy to the employer's financial information, you may not be covered by the wage law. Then you have a claim for breach of contract that you could pursue in a Wisconsin court.
Answered on Dec 11th, 2013 at 10:46 AM