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  1. #1

    Default Vacation Pay After Quitting If I Never Signed Anything

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

    Ok so here is my dilemma. I started a new job on Wed, May 21st. It was a salary position at 28,000 per year. I worked that day and could not work again till Tue, May 27th because Monday was holiday. So I worked all that week and then the following Monday and Tuesday and then put in my resignation notice and they took it effective immediately. I never signed any forms for them, whether that be a W-2, Compliance Forms, or Employee Handbook. Quite frankly I started working and was never given anything to sign or read regarding the company. The owner did take down a voided check and asked me how many deductions but I never saw the first w-2. So upon getting my final paycheck the amount was less and vacation was not included. I emailed and the response I got was I was paid for the hours I worked and that vacation time was a benefit and yet I can accrue hours but cannot use them until after 90 days and it was in the handbook. So my question is what can I do? I took a salary position and now being told I am being paid for hours worked and I am first finding out about vacation time and benefits not going to be paid out. I never saw or was given a handbook, nor signed any paperwork stating I received and agreed to it.

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

    Default Re: Vacation Pay After Quitting If I Never Signed Anything

    Based on my sources in Tennessee "Final earned wages include vacation pay, when vacation pay is owed an employee under a company policy
    or employment agreement"


    You were with the company less than 2 weeks, out of which one you took as a vacation day and another a holiday. If it is their policy that no one gets to use vacation for the first 90 days and they do not payout unvested vacation at termination, then they do not have to pay it out to you. I am curious...did they pay you for the holiday?

    Even if you are salaried (and possibly exempt), the exemption deduction rules allow for the employer to pay partial pay in the first and last weeks of employment. So they could legally pay you 1 day the first week, 5 days (M-F) and just M/T on the last week.

    There is nothing in the law that states employers have to have written handbook. While it is smart to do so, it is not required.

    Honestly, I think you are going to have a hard time fighting this

  3. #3

    Default Re: Vacation Pay After Quitting If I Never Signed Anything

    They did not pay for the holiday as they said they do not pay for holidays. I don't really know why because it wasn't really explained other than I wasnt paid for Monday. The last paycheck is supposed to include the Monday and Tuesday of my last week and that is where they are paying me per hour...Also this company is a collection comany and alot of there work is for Doctors and I handled alot of PHI in regards to HIPAA but never signed anything...is that a red flag as well?

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