If I was fired from my job, am I entitled to my accumulated personal time off?

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If I was fired from my job, am I entitled to my accumulated personal time off?

Asked on July 13, 2015 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, you would only be entitled to your personal time off IF you had a written employment contract giving you this time in the event you were fired, or if your employer voluntarily chose to give you the time. Otherwise the law does not require employers to pay out time off or otherwise give it to employees on termination of employment. The law does not require any paid time off at all--it is voluntary for employers to give it to their employees. Since it is voluntary for them, they are allowed to set the rules for it, including not paying it out or otherwise giving it on termination.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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