Can an employer refused to pay your weekly wage if fired mid-week and refuse yearly accured vacation time?
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Can an employer refused to pay your weekly wage if fired mid-week and refuse yearly accured vacation time?
I’ve been gurenteed 40 hours for the past 4 years. I’m paid a salary.
Asked on March 28, 2017 under Employment Labor Law, North Carolina
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Actually, an employee need only be paid up to the date of their termination, even if they are paid a salary. Accordingly, a partial week's pay in this situation is legal. Further, in NC (absent an employment contract or the like to the contrary), any earned vacation must be paid at termination unless the employer has a written forfeiture clause which clearly explains how such vacation time can be taken away.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
1) You only have to be paid up through the day you were fired, even if salaried. So if you worked 3 of 5 work days that week, for example, before being fired, you would be paid 3/5 of your salary for that week.
2) As for vacation pay: they must pay accrued but unused vacation time out on termination, unless they have a written policy (or clause in an employment contract) which states that unused vacation is foreited on termination; if there is, such a policy or clause is legal and enforceable.
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