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May17

Vacation

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Does an employer have to pay me my earned vacation after being terminated?

This will depend upon:

– Which state you are in

– The employer’s written vacation policy

– The employer’s past practice

 

A number of states require all employers to pay earned but unused vacation upon termination, including California, Illinois, Louisiana, Maine, Massachusetts, North Carolina, Oregon, Rhode Island and Tennessee.

In other states, the courts assume that employees are entitled to vacation pay unless the company has a specific written policy that prohibits it. Policies on vacation pay are usually found in the employee handbook.

If the employer has paid vacation to employees terminated under similar circumstances in the past, it often must continue to do so, to avoid charges of discrimination.

This entry was posted on Saturday, May 17th, 2008 at 3:42 pm and is filed under
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