I believe that I am going to be resigning from my current position and I wanted to know if I have any legal backup when I cinfront my employer with my resignation. I have 2 weeks of unused vaction time I would like to have paid to me and I also have a verbal agreement about a comision that was never paid because of the financial resources the compnay curently had and I understood. However know that I am leaving what should I bepaid for iif I provide 2 weeks notice.

Vacation policy per Rhode Island:

Whenever an employee is separated from the payroll of an employer, after completing at least one (1) year of service, any vacation pay accrued by collective bargaining, company policy or other agreement between employer and employee shall become wages and payable in full or on a prorated basis with all other due wages on the next regular payday for the employee.

If you've been there at least one year, the law requires you be paid your earned, untaken vacation along with your final wages, in accordance with thecompany policy, union contract, or other employment agreement.

Thank you for the rapid reply and I was able to find it in the RI labor code 28-14-4. So in your opinion when I was hired on June 26, 2004 and the agreement was I would recieve 2 weeks vacation per year as a salaried exempt employee I would earn 2 weeks anualy on June 26. So I used 2 weeks from June 26, 2004 to June 26, 2005 then I used only 1 1/2 weeks from June 26, 2005 to June 26, 2006. So know I currently have 2 weeks for the year once again ao I am entitled to this even though the empoyers very vague and dated policy states "will not pay out accrued vacation time. Vacation time must be utilized or lost. Plan accordingly. " according to the Labor Law I read and you quoted for RI this is not a legal statement. Once again thank you for your help.

Unless the vacation was an out-and-out grant (which is very unusual), it would work this way:

6/04-6/05 - earned 2 weeks, took 2 weeks
6/05-6/06 - earned 2 weeks, took 1 1/2 weeks

1/2 week to be paid at termination at your current rate of pay.

PattyMD, if you mean grant as to on such a date I was provided 2 weeks vacation then that is how it actually works. When I was hired I imediatly was provided 2 weeks vacation and know since I just past that aniversary date and I was scheduled to take a week in October and a week in March 07 then I should recieve my salary for those 2 weeks if I am correct in believing that the vacation is granted. We do not work on a system of earned vacation each employee recievecs there vacation on the aniversary date. I just want to be able to support my position. In that I will take my vacation pay instead of comisions that were owed to me under a verbal understanding which are valued a slightly less then the vacation instead of fighting my employer to pay off for both. Again thanks for the help.

What I mean by "grant" is that on your hire date you were given 2 weeks vacation immediately and didn't have to accrue it as you worked. Not having read the company's policy, I don't know if it could be interpreted that way or not.