If i quit my job with two days notice (because I already have another job lined up), am I entitled to my accrued vacation pay? I have no contract with my company. ...

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Question: 

If i quit my job with two days notice (because I already have another job lined up), am I entitled to my accrued vacation pay with the company I am leaving? I do not have a contract with the company.

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DakotaLegal's picture

 

 
 
Let’s start with the basic rule…“accrued” vacation time is usually going to be something you are entitled to be paid for. So let’s cover that point under Missouri law, and look at a couple of ways you can try to be sure you get paid for that time. Unfortunately for wage earners in Missouri, the state has chosen not to have state administrative procedures to get unpaid wages. You still can make an investigative complaint, though it has no technical legal effect. At the same time, the Missouri Department of Labor says it has “a 90% rate of success” in settling these kinds of disputes. http://www.labor.mo.gov/DLS/General/complaints.asp.
 
Next, there’s the idea of how the company might try to get out of paying you for any unused, unpaid vacation time. You said you gave only two days notice…this generally lets an employer “off the hook” form having to pay you immediately. Your final check will probably be issued in the next regular pay cycle. One trick some employers use (if they are angry) is to send the final check to an incorrect address. Confirm your mailing address with their HR office. If you don’t get paid for vacation time, and you find the Missouri Department of Labor option isn’t working, then you may look to filing a civil complaint. If your unpaid vacation wages are less than $3,000, you can sue in a Missouri small claims court. http://www.courts.mo.gov/page.jsp?id=704.
 
If suing in court be certain to prove all your damages, too (avoid any exaggeration), but don’t omit any consequences of not getting paid…for example having to borrow money, or losing a home or car due to missed payments. If you are low income, you might get low-cost help: http://www.lawmo.org/.
 
I know you said you have no contract with the company, but this is not necessarily true. In fact, more and more states are finding there is a contract that many employees are not fully aware of. The best way to get your vacation time is to show you have a contractual right to it. If you worked as an executive or a salesman, it is even more likely that you might have some type of constructive contract, or an oral agreement. Some states have implied employment contract rights and many more states actually look at any employee handbook for settling disputes. The bottom line is that you might have some obligations or rights you had not immediately thought of. One example might be if there is any grievance procedure available at the employer: http://caselaw.findlaw.com/mo-court-of-appeals/1262227.html. Next, then, let’s look at this possible right to complain, in terms of whether there was an employee handbook.
 
If you signed an employee handbook when you started work, there may be terms in the employee handbook regarding notice and final payment for accrued vacation time. Some companies have terms to try and reduce payment for vacation time (often to ½).
 
These cases of “implied” contracts or rights given in an employee handbook can also be important, since more and more companies allow you to convert some unused sick time to vacation time. In other words, you may even have more vacation time coming than you at first realized. Did vacation time show on your pay stubs? At any rate, you have a right to claim a “property right” to unpaid vacation time. There are court cases that back the idea of proving that income and salary benefits (such as vacation time) are a property rights. In other words, you can argue that unpaid vacation time is deferred salary that you have already earned. The following court case looked to “customs, practices and de facto policies” by an employer to help decide the issue. http://caselaw.findlaw.com/mo-court-of-appeals/1338238.html. If you are aware of other employees receiving payment for accrued vacation time, be ready to show those instances at your ex-employer’s.
 
 

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DakotaLegal's picture

 

 
 
Let’s start with the basic rule…“accrued” vacation time is usually going to be something you are entitled to be paid for. So let’s cover that point under Missouri law, and look at a couple of ways you can try to be sure you get paid for that time. Unfortunately for wage earners in Missouri, the state has chosen not to have state administrative procedures to get unpaid wages. You still can make an investigative complaint, though it has no technical legal effect. At the same time, the Missouri Department of Labor says it has “a 90% rate of success” in settling these kinds of disputes. http://www.labor.mo.gov/DLS/General/complaints.asp.
 
Next, there’s the idea of how the company might try to get out of paying you for any unused, unpaid vacation time. You said you gave only two days notice…this generally lets an employer “off the hook” form having to pay you immediately. Your final check will probably be issued in the next regular pay cycle. One trick some employers use (if they are angry) is to send the final check to an incorrect address. Confirm your mailing address with their HR office. If you don’t get paid for vacation time, and you find the Missouri Department of Labor option isn’t working, then you may look to filing a civil complaint. If your unpaid vacation wages are less than $3,000, you can sue in a Missouri small claims court. http://www.courts.mo.gov/page.jsp?id=704.
 
If suing in court be certain to prove all your damages, too (avoid any exaggeration), but don’t omit any consequences of not getting paid…for example having to borrow money, or losing a home or car due to missed payments. If you are low income, you might get low-cost help: http://www.lawmo.org/.
 
I know you said you have no contract with the company, but this is not necessarily true. In fact, more and more states are finding there is a contract that many employees are not fully aware of. The best way to get your vacation time is to show you have a contractual right to it. If you worked as an executive or a salesman, it is even more likely that you might have some type of constructive contract, or an oral agreement. Some states have implied employment contract rights and many more states actually look at any employee handbook for settling disputes. The bottom line is that you might have some obligations or rights you had not immediately thought of. One example might be if there is any grievance procedure available at the employer: http://caselaw.findlaw.com/mo-court-of-appeals/1262227.html. Next, then, let’s look at this possible right to complain, in terms of whether there was an employee handbook.
 
If you signed an employee handbook when you started work, there may be terms in the employee handbook regarding notice and final payment for accrued vacation time. Some companies have terms to try and reduce payment for vacation time (often to ½).
 
These cases of “implied” contracts or rights given in an employee handbook can also be important, since more and more companies allow you to convert some unused sick time to vacation time. In other words, you may even have more vacation time coming than you at first realized. Did vacation time show on your pay stubs? At any rate, you have a right to claim a “property right” to unpaid vacation time. There are court cases that back the idea of proving that income and salary benefits (such as vacation time) are a property rights. In other words, you can argue that unpaid vacation time is deferred salary that you have already earned. The following court case looked to “customs, practices and de facto policies” by an employer to help decide the issue. http://caselaw.findlaw.com/mo-court-of-appeals/1338238.html. If you are aware of other employees receiving payment for accrued vacation time, be ready to show those instances at your ex-employer’s.