Legal Question in Employment Law in Louisiana

vacationpay

when giving a two week notice of leaving a job do you get the vacation pay you have never used on a job?


Asked on 4/17/04, 3:36 pm

2 Answers from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: vacationpay

Regardless of whether you give 2 weeks' notice, or 2 minutes' notice, you are entitled to all "earned" benefits, which should include vacation time.....there are a couple different situations where payment of "earned" vacation does not have to be paid, but those rarely apply. Also, if you have X-days of vacation you "could have used this summer", you may be entitled to additional days "earned" for next year.....since if a valid suit is brought attorney fees are owed, you should speak to an attorney and find out your rights.

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Answered on 4/19/04, 8:24 am
Larry Demmons The Demmons Law Firm

Re: vacationpay

The answer to your question depends on how your vacation pay is classified by your employer: if it is considered an "earned" benefit (which is most likely), then yes, you are are entitled to any unused vacation at the end of your employment. The determination of whether it is "earned" or not depends on what the vacation policy says. If or when you give notice does not matter. If you are owed vacation pay and you ask for it (but don't get it), you could be entitled to penalities and attorney's fees as well. Consult with an attorney to find out if you have a right to your unpaid vacation.

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Answered on 4/19/04, 8:59 am


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