Legal Question in Employment Law in New York

vacation pay earned but not paid by company

I was working for a firm and after 2 1/2 yrs they asked me to look for a new job, that things were not working out well and I had 3 months to leave. I found a new job within 2 months and left. I had 11 3/4 days vacation earned but unused, they were planned 2 months after I left the firm. They refuse to pay the vacation and stated that i cannot go to the courts to sue them due to the various papers I signed in 1997, of which i was never given a copy of. I would like to know what my options are and where I should go. The amount of vacation time is approx 4400.00.


Asked on 9/20/00, 1:08 am

1 Answer from Attorneys
David Wright Law Offices of David Wright

Re: vacation pay earned but not paid by company

Sometimes accrued vacation time is deemed "wages" under NY law. If so, you can sue and get attorneys fees and punitive damages, on top of the wage entitlement. Generally, you cannot waive your right to be paid wages due you, even if you signed a written document.

You have two strategies. First, get a lawyer and go after them for the full amount plus fees, etc. Or, simply write off the amount over 4,400 and sue in Small Claims Court for 3,000, which is the jurisdictional limit of the small claims. If you can get an attorney to take it on a contingency (which will probably depend on what evidence you have), then I would recommend that course of action.

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Answered on 10/23/00, 7:22 am


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