Legal Question in Employment Law in Tennessee
vacation pay upon termination of employment
If I terminate my employment and have 10 days of earned time off due me is my employer legally forced to pay me for this time
Asked on 1/12/07, 5:35 pm
1 Answer from Attorneys
James R. Becker, Jr.
Becker Law Firm
Re: vacation pay upon termination of employment
The employer may be obligated to pay you earned, but unused vacation thanks to a quirk in Tennessee law. Tennessee courts view earned vacation as salary that has to be paid. However, those same courts also permit an employer to take away that entitlement via policy language in a handbook.
I would recommend that you take a look at your handbook or whatever your employer has given you setting out policies. If it is silent as to losing unused vacation, then you are entitled to be paid for the time.
Answered on 1/15/07, 10:32 am