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Jun03

Unused Vacation Pay

Termination
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I recently resigned from a job in New Jersey; I am a Pennsylvania resident. It has been several weeks since I have left but have not received accrued vacation pay that the company’s written policy states I am entitled to. Do I pursue this matter in Pennsylvania or New Jersey?

Because the employer was in NJ and you worked in NJ, the New Jersey Department of Labor and Workforce Development (NJ DOL) has jurisdiction in this matter. (Where the employee lives is not really relevant.) There is no state law in New Jersey that employers must pay workers for earned vacation upon termination. Employers are permitted to set their own policy regarding benefits. However, if the employer has a stated policy of doing so, the NJ DOL will enforce that policy. You can file a wage claim with the NJ DOL at http://lwd.dol.state.nj.us/labor/wagehour/complnt/complaint_faqs.html

This entry was posted on Tuesday, June 3rd, 2008 at 8:23 am and is filed under
Termination.
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