Legal Question in Employment Law in Georgia
If I resign am I owed unpaid vacation time?
Asked on 10/03/16, 9:36 pm
1 Answer from Attorneys
Michael Caldwell
DeLong, Caldwell, Bridgers & Fitzpatrick LLC
SINCE FEDERAL WAGE-HOUR LAW DOES NOT COVER ENTITLEMENT TO PAY FOR ANYTHING EXCEPT HOURS WORKED, YOU WILL HAVE TO DEPEND UPON STATE LAW TO GET A REMEDY. IN GEORGIA, THE REMEDY WOULD HAVE TO RELY UPON A CONTRACT. YOU AHVE TO PROVE THE EXISTENCE OF A CONTRACT. IF THERE WAS A WRITTEN POLICY THAT WAS DISTRIBUTED TO YOU THAT PROVIDES FOR YOUR VACATION, AND IF YOU HAVE DONE EVERYTHING NECESSARY TO FULFILL THE POLICY REQUIREMENTS TO TAKE VACATION, YOU COULD HAVE A CONTRACTUAL CLAIM TO THE VACATION PAY.
Answered on 10/04/16, 8:43 am