Am I entitled to my vacation pay if I get laid off?
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Am I entitled to my vacation pay if I get laid off?
Am I entitled to my vacation pay if I get
laid off?
I was just laid off and asked for my
vacation pay of one week and was told
cash was too tight. Can they legally
withhold my vacation pay
Asked on July 21, 2017 under Employment Labor Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
In your state (as in most states, for that matter), unused vacation pay must only be paid out IF there is a written employment contract or firm, unequivocal written policy indicating that they will pay the time out. In the absence of some written committment to pay, they do not need to--or if they are going to voluntarily pay you, since it is voluntary, they could delay it as long as they want.
If there was a written committment to pay and they fail to do so, you could sue them (e.g. in small claims court) for the monetary value of the vacation days.
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