QUESTION
Vacation and sick pay and commissions
Asked on Mar 07th, 2016 on Labor and Employment - North Carolina
More details to this question:
I put in my 2 week notice last week. I have 20 hours of sick leave and 24 hours of vacation time left. I tried to use 6 hours vacation on my time card from last week, and the boss told the bookkeeper that I couldn't use it. She said "he's pissed at you for quitting" so that's why she didn't add the 6 hours of vacation pay to the check I received today for work last week. I am worried because I am owed commissions on 2 insurance sales and also due a $500 bonus for 1st quarter 2016 sales. If I hadn't put in my notice, I would not have been paid for the commissions or bonus until the 2nd week of April 2016. Does he have to pay me my commissions and bonus in my last paycheck? What happens to my sick and vacation time? Thank you!
1 ANSWER
4 Awards
Employers are not required to give you vacation pay. If the employer does, then it must pay you for any vacation that is accrued but unused at the time your employment ends. However, the employer is allowed to have a forfeiture policy whereby you forfeit your vacation if it is not used at the time your employment ends. As for commissions, it will depend on the actual pay policy, but, in general, you probably will need to be working at the time the commission is paid or unequivocally earned the commission prior to the end of the employment.
For more information or to file a complaint over unpaid vacation or commissions, you can contact the NC Department of Labor's Wage and Hour Division.
Answered on Mar 08th, 2016 at 5:23 AM
I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.