My job was terminated on May 21, 2008, which they had 72 hours to get me my check, but didn't receive until May 30, 2008 which it was direct deposit, I still haven't receive my pay stub for that week. I also still have 4 weeks paid vacation that i still haven't received, I got 5 weeks, but I took 1 in April of 2008. Do I not get this vacation that I've earned? I can't find the laws about West Virginia

See here for details http://www.legis.state.wv.us/WVCODE/code.cfm?chap=21&art=5#4

Have you called and asked that the direct deposit advice be mailed to you? What do they say?

I agree you should have been paid within 72 hours if you were discharged. Unfortunately, though, even if you report the late payment to the state Dept. of Labor and there is more than a slap on the wrist for the employer (like fines) you wouldn't get any of it.

What is the company policy regarding payment of earned (but untaken) vacation at termination? IF there was an agreement (via policy, practice, or employment contract) to pay it, then WV law says that it is wages and must be paid.

(c) The term "wages" means compensation for labor or services rendered by an employee, whether the amount is determined on a time, task, piece, commission or other basis of calculation. As used in sections four, five, eight-a, ten and twelve of this article, the term "wages" shall also include then accrued fringe benefits capable of calculation and payable directly to an employee: Provided, That nothing herein contained shall require fringe benefits to be calculated contrary to any agreement between an employer and his employees which does not contradict the provisions of this article.


http://www.legis.state.wv.us/WVCODE/code.cfm?chap=21&art=5&section=WVC%2021%20%20-%20%205%20%20-%20%20%204%20%20.htm#01

I have a union contract thats states that I get a vacations, after 20 years I get 5 weeks, I've already taken 1 in april, 2008.

What does the union say? Have you talked to your steward?

they are working on it, but i think they are being slow. That is why I'm trying to find things out for myself.

they are working on it, but i think they are being slow. That is why I'm trying to find things out for myself.

I cited the law. You can either wait for union or you can file a claim for unpaid vacation with the state Dept. of Labor. In any case, you would probably be entitled only to what you have accrued (earned) to date (less taken), not the full years' entitlement if you had worked the entire year.