I was denied vacation pay after 2 weeks notice.

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I was denied vacation pay after 2 weeks notice.

I gave my 2 weeks notice at my employer.
A discussion of my 40 hours vacation pay
came up. I was told I didn’t meet the
criteria. Per the probation requirements
i do believe i met it however i was told
that regardless i was still going to get
it anyway. After receiving my last check
it wasnt on there. My boss then said I
didnt qualify and is trying to say he
never said anything about it. What do I
do to get my vacation pay?

Asked on August 24, 2017 under Employment Labor Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

There is no inherent right to vacation pay on termination (including resignation) of employment in your state: you would only be guaranteed it if you had a written employment contract for a definite term (e.g. a one year) contract, which had not yet expired, which you were fully in compliance with, and which by its plain terms guaranteed you vacation pay when your employment ended. Otherwise, it is completely voluntary on the part of the employer whether to pay out your vacation time; they may freely refuse to  pay you, and you would not have recourse.


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