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marcia72
05-16-2007, 06:58 AM
My employer has given me a 30 day notice that my services will no longer be required. I am the only full-time employee and there are no written personnel policies. I do have a contract and it states that I get 10 days of vacation time and 7 days of comp time per year. It does not state whether or not I will be paid for unused time when leaving the company. I also have a provision that provides for severance, but that section does not mention unused vacation/comp time either.
My question is that since I have only used 5 of those vacation/comp days, are they required to pay me for the unused portion or just the severance?
Thank you.

moburkes
05-16-2007, 07:30 AM
My employer has given me a 30 day notice that my services will no longer be required. I am the only full-time employee and there are no written personnel policies. I do have a contract and it states that I get 10 days of vacation time and 7 days of comp time per year. It does not state whether or not I will be paid for unused time when leaving the company. I also have a provision that provides for severance, but that section does not mention unused vacation/comp time either.
My question is that since I have only used 5 of those vacation/comp days, are they required to pay me for the unused portion or just the severance?
Thank you.
Nope. Sorry.

Pattymd
05-16-2007, 07:51 AM
Clarification. Arizona Wage and Hour law doesn't require unconditional payout of vacation at termination. However, your contract may; if so and the employer does not pay in accordance with the contract, it's a breach of contract issue, not a wage and hour issue. Contact an attorney versed in contract/employment law to review your agreement and see what he/she thinks.

moburkes
05-16-2007, 07:53 AM
Clarification. Arizona Wage and Hour law doesn't require unconditional payout of vacation at termination. However, your contract may; if so and the employer does not pay in accordance with the contract, it's a breach of contract issue, not a wage and hour issue. Contact an attorney versed in contract/employment law to review your agreement and see what he/she thinks.

You're just making a general statement, though, right? While OP talks about a contract, she wrote in her post what her contract says. Since the contract doesn't say it, and there is no handbook, it is not reqiured to be paid.

cbg
05-16-2007, 10:42 AM
Unless there is language the OP didn't quote that affects it, yes, that is correct. If there is no policy and nothing in her contract that specifies that unused vacation will be paid out, in AZ it need not be paid.

marcia72
05-16-2007, 09:52 PM
I had figured they didn't have to pay me for it. Is there anything saying I can't use some of the unused time between now and my last day of June 15?

Thanks again for your insight.

joec
05-16-2007, 10:00 PM
This may sound like a dumb question,but what does the employer say?
Your post made no mention of it.
JoeC

cbg
05-16-2007, 10:41 PM
It's entirely up to the employer whether you can use your time between now and when you leave. This is not an issue addressed by law.

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