If you are an employee in New York and you resign, quit or are terminated from your job, then you may be wondering if you your employer is required to pay you for your accrued and unused vacation time. According to the New York Department of Labor, whether your employer is required to compensate you for any unused vacation time depends on the terms of the company's vacation and/or resignation policy. Courts in New York have held that an agreement to provide benefits or wage supplements, like vacation, can specify that employees lose accrued benefits. See Glenville Gage Company, Inc. v. Industrial Board of Appeals of the State of New York, Department of Labor, 70 AD2d 283 (3d Dept 1979) affd, 52 NY2d 777 (1980) located here. In order to be valid, the employer must have told employees, in writing, of the conditions that nullify the benefit. In other words, if an employee has earned vacation time and has not used it and the employer has no written forfeit policy, then the employer must pay the employee for the accrued vacation. The NY Department of Labor has published a helpful FAQ on this and other wage and hour related issues.
Frankly, if you are being let go, you should consider whether you are entitled to a severance agreement and release. Our firm helps employees understand and negotiate severance agreements which include payment for accrued, unused vacation time plus additional compensation.
If you have any issues with how/when you are paid, you should call us today. We can help!
If you are entitled to your accrued unused vacation, we can help you get it. For a flat fee ($300), we will write to your employer on your behalf and advise your employer regarding your rights for accrued unused vacation. If you are an employee in NY and have any questions about your vacation pay or other wage and hour matters, please contact us today.