Is the vacation days promised to me in my offer letter payable at the time I quit?
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Is the vacation days promised to me in my offer letter payable at the time I quit?
I started a job 4 months ago and was promised
2 weeks vacation in my offer letter they
provided me. When I quit last week they told
me that they would not pay my vacation
because they are not legally obligated to. This
is for oklahoma
Asked on June 20, 2019 under Employment Labor Law, Oklahoma
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If they had an established policy (e.g. something in an employee handbook or in any paperwork given to you) stating they do not pay vacation on termination of employment, they would not have to pay. Your state allows nonpayment of vacation on termination, but only if the employer had an established policy of not doing so, or your employment contract with them (if you had an employment contract) stated they did not have to pay.
Note that even there was no such policy or contract so they do have to pay, vacation is earned on a pro rata basis during the year, not all at once. If you were there 4 months, or 1/3 of a year, they'd at most owe you 1/3 x 10 (work) days, or 3 days, of pay.
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