Work in Illinois for TX-based company - unused vacation?
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Would Illinois state law supercede the language of an employment agreement? In this case there’s an EA between an IL-based employee and a TX-based employer, and the EA states that employment is governed by the laws of the State of Texas. The EA further indicates that unused vacation does not rollover, nor does the employer have to pay unused vacation days upon termination.
This will depend on the specific language of the contract between the employer and the employee. Only an attorney who is reviewing the actual contract can answer your question. Some states do permit employees to enter into contracts that limit their vacation pay. Most do not permit employees to \\\\\\\”sign away\\\\\\\” their rights to the minimum wage or overtime.
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