My emplolyer promised to pay me my vacation hours when they laid me off and now they said they are not paying me.
I have it in the termination letter. what should I do? :confused:

Why do they say they are not going to pay?

Virginia is basically a "follow the company policy" state when it comes to payment of vacation at termination.

Here is information with links about filing a claim with the state DOL. It either works or it doesn't.
http://www.doli.virginia.gov/laborlaw/laborlaw_faqs_wagep1.html

If it does not, you could consider contacting an attorney to see if the termination letter rises to the level of a contractual obligation on the part of the employer. However, the DOL claim is free. An attorney will cost you.

They co claimed chapter 11 and the creditors are objecting to unpaid vacation payout on May 20 they complained to the bankruptcy judge. I got letter notice on May 8, last day, that I would receive my unpaid vacation. The notice was sent out on May 21 to the current employees via email which I never recieived that they wouldn't receive their vacation pay. I didn't even get a letter via snail mail. I called the company's helpline and that's what they told me today. Do I have a case?:confused:

If they filed for bankruptcy, about all you can do if put in a claim as a creditor with the bankruptcy trustee for your unpaid vacation. Whether you receive anything or not will depend on the assets of the co., the # of other creditors & where you fall in the chain of creditors. It's possible the judge has already decided that the vacation pay need not be paid & "discharged" it in the bankruptcy.

You can also talk to an attorney if you desire.

That was important information you left out of your original post.

Thank you all for your answers. Before i was let go, they had filed for banrupcy chapter 11 and at that time the judge had approved all payment of unpaid vacation to employees and that's what the CEO told us that we will get all our unpaid leave if we were let go or transitioned to the new company that bought us out. My termination letter on May 8th stated that I would get paid all my unpaid leave. All the creditors agreed to the terms and on May 20 the vendors want the judge to disallow unpaid vacation payout. The judge wants to hear them out before he makes a decision on unpaid leave. I was speaking with current employees since they are also effected. They said if the judge doesn't go in our favor in two weeks they will file a class action suit. I guess I will have to speak with an attorney to see what my rights are.

You'll just have to wait & see what the judge decides & if not in your favor, go from there & talk to an attorney. Of course, you're welcome to talk to an attorney at this time.

Because these decisions are being made by a bankruptcy judge, the company may not be allowed to pay any amounts in question until the judge decides. basically, once in bankruptcy, the funds no longer are under the control of the company but under the court's control and the court decided who can and can not be paid and how much.

I agree, Morgana, that the judge makes the final decision re the distribution of assets in a bankruptcy case.

If the judge doesn't decide in the employees' favor, they can most certainly talk to an attorney but they may still not end up with anything.