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  1. #1
    Join Date
    Jul 2016
    Posts
    3

    Default Pay-Out of Vacation Time After Getting Fired

    My question involves labor and employment law for the state of: TX

    Hi all, i was terminated on May 31st with a letter saying I have "x" un-paid vacation hours that will be paid out in a month or so. It has been over one and half month and I have not received anything.I called HR payroll and was told that nothing on system indicating that I will be paid. What options do I have? I call labor department and they mentioned that they don't enforce benefits (un-paid vacation hours). Thanks for your help.

  2. #2
    Join Date
    Feb 2008
    Posts
    1,179

    Default Re: Un-Paid Vacation Hours

    Did you have an employee handbook and was there a company policy of paying out vacation time at termination? If the handbook/policy overrides the letter or if they made a mistake in stating that they owe it to you, then you may lose a claim. But you can take them to court. Since you have the fact that they owe you in writing, I think you have a good case if they didn't accidentally make a mistake.

  3. #3
    Join Date
    Jul 2016
    Posts
    3

    Default Re: Un-Paid Vacation Hours

    Thanks for a quick reply. I don't have the employee handbook so don't know but on my last day, they (HR reps) went over this and indicated that the un-paid vacation hours will be paid out in a month or so like it was written down. I just joined a legal plan and will talk to my attorney tomorrow.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Un-Paid Vacation Hours

    Just be aware, in TX the employer has no legal obligation to pay out unused vacation in the absence of a legally binding contract or policy that says they will. Whether that constitutes a binding contract will have to be determined by the attorney, but there's no statutory requirement or case law that mandates it.

  5. #5
    Join Date
    Jul 2016
    Posts
    3

    Default Re: Un-Paid Vacation Hours

    This really sucks if I don't get those hours paid. They can do this even they mentioned the payment in the letter?

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Un-Paid Vacation Hours

    I haven't read the letter so I don't know if it's written in such a way as to create a binding contract or policy. That's for your attorney to say. But in your state they are NOT obligated by law to pay it out.

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