QUESTION

Retiring and earned vacation pay

Asked on Jan 11th, 2017 on Labor and Employment - Texas
More details to this question:
I am retiring Feb. 1 2017. I have earned 4 week vacation from 2016. My employer said they do not pay for earned vacation since I am retiring. How can they not pay it to me since I earned it for the full year that I just worked in 2016.
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1 ANSWER

Litigation Attorney serving Weatherford, TX
Partner at ROGERS, LLP
2 Awards
An employer is not obligated to pay an employee for unused vacation and sick leave, unless it has a written policy that states it will do so.  In any such policy, the employer can place limitations or conditions on payments.  If your employer has no written policy, it is not required to pay you any unused vacation or sick leave.  If your employer has a written policy that it will pay unused vacation and sick leave to persons such as yourself and it is refusing to honor its own policy, then you can contact the Texas Workforce Commission - Labor Law Department and an file a complaint under the Texas Payday Act to recover such sums.  The TWC will only look back 180 days in such complaints, no further. 
Answered on Jan 16th, 2017 at 8:11 AM

The forgoing is for general information purposes only and does not constitute legal advice or establish an attorney-client relationship.

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