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  1. #1
    Join Date
    Dec 2011
    Posts
    6

    Default Took My Paid Vacation, Quit My First Day Back, Have Not Received Vacation Pay

    My question involves employment and labor law for the state of: TX I took my approved paid vacation on the week of thanksgiving. While on vacation I received a paycheck that was missing my first three vacation days. I called my general manager who said he would take care of it. Since we get paid bi-weekly, I let it go and decided to wait until the next check. Well, I went back to work on a Monday and by the end of the day, I quit. (no two weeks notice) I talked with my gm a day later and he said he would take care of the vacation and I could still use him as a reference. So, the next week I tried to contact him twice about the vacation with no response. Today was the next pay day and I only got paid for the last day I worked. This means my whole vacation (five days) were approved to be paid but I have not received the pay. What do I do?

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Took My Paid Vacation, Quit My First Day Back, Have Not Received Vacation Pay

    Since you quit, they may not be paid. They are not required by law. You might get them if you file a complaint with the TX DOL.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,440

    Default Re: Took My Paid Vacation, Quit My First Day Back, Have Not Received Vacation Pay

    Well, you can TRY talking to the TWC, but unless your employer has a written policy that guarantees the payout of earned but unused vacation when you quit without notice, I wouldn't expect much.

    Your vacation was approved when they thought you were returning at the end of it.

  4. #4
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Took My Paid Vacation, Quit My First Day Back, Have Not Received Vacation Pay

    I doubt that there is a 2-week required time period for quitting. And even if there was, its a different subject matter. The OP should read the policies again to see if there is support for his vacation to be paid.

    The OP has a choice: a) forget about it or b) small claims

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,440

    Default Re: Took My Paid Vacation, Quit My First Day Back, Have Not Received Vacation Pay

    I doubt there is a required two week notice myself. But that does not change the fact that under Texas law, he only has a claim to earned but unused vacation if there is a policy of paying it under the circumstances under which he quit. There is no unconditional entitlement.

    And the correct venue for a claim would be the TWC.

  6. #6
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Took My Paid Vacation, Quit My First Day Back, Have Not Received Vacation Pay

    Quote Quoting cbg
    View Post
    And the correct venue for a claim would be the TWC.
    Ah, this must be an administrative layer required to go through prior to appeal to a court then...learned something new today! I should be smarter? Nah, I probably forgot 10 things too.

  7. #7
    Join Date
    Dec 2011
    Posts
    6

    Default Re: Took My Paid Vacation, Quit My First Day Back, Have Not Received Vacation Pay

    Well it was used vacation. I quit after using my vacation and never got paid for it. Does this make a difference?

  8. #8
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Took My Paid Vacation, Quit My First Day Back, Have Not Received Vacation Pay

    You can make the argument it does to the state labor department. From what their web site says I would say no, they don't have to pay you.

    Q: If employees are required to work on a holiday are they entitled to ‘premium’ pay?
    A: Premium pay is generally set by individual company policy. There are no state or federal laws affecting Texas which require an employer to pay additional wages for working on any day of the year (holidays) or week (weekends).

    Q: Does an employer have to offer its employees vacation pay? If so, what are the guidelines?
    A: Under the Texas Payday Law an employer is not required to offer fringe benefits such as vacation pay, holiday pay or other pay for hours not worked. However, if the employer offers these benefits in writing, the employer would be obligated to comply with their own policy or employment agreement. The employer has the right to establish policy on how these benefits are earned, accrued, used and if they are paid out when not used, barring any policy which might be considered discriminatory as defined by law.
    http://www.twc.state.tx.us/ui/lablaw/paydaylaw_faq.pdf

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,440

    Default Re: Took My Paid Vacation, Quit My First Day Back, Have Not Received Vacation Pay

    Not in the slightest. They don't owe you a penny under the law for any time after the last day you actually worked.

  10. #10
    Join Date
    Dec 2011
    Posts
    6

    Default Re: Took My Paid Vacation, Quit My First Day Back, Have Not Received Vacation Pay

    So let me get this straight...I go on my paid vacation and they don't legally have to pay me? I was still on vacation when I got my first check and it was missing my first three days of the vacation pay. So when I worked the one day after vacation was over, they still owed me. Do they just have the right to say "go on your paid vacation, we may or may not pay you"

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