Announcement

Collapse
No announcement yet.

Fired in NC question regarding vacation pay North Carolina

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Fired in NC question regarding vacation pay North Carolina

    I had worked for the same company for 3 years and never took a vacation. The vacation policy was "use it or lose it". I was entitled to (15) vacation/sick days per calendar year. On October 2,2009, I was let go. I am trying to find out how much vacation time I should be paid for in the state of NC.

    Thank you

  • #2
    Use it or lose it policies are not necessarily prohibited by NC law.

    Earned vacation pay, commissions, and bonuses cannot be forfeited unless the employer has a written forfeiture clause in its vacation, commission, or bonus policy or termination policy pursuant to N.C.G.S. 95-25.13(2) of the WHA. Keep in mind that vacation pay, commissions, or bonuses have to be earned, regardless if a verbal promise or a written policy, before an employer has to pay them at all. Also, even if there is a written policy that has a written forfeiture clause, an employee may still be due the earned vacation pay, commissions, or bonuses at termination. It all depends on the language of the forfeiture clause and the reason/s the employee's employment was discontinued, and if the reason/s meet the criteria in the written forfeiture clause.
    http://www.nclabor.com/wh/fact%20she...misedwages.htm

    Since you were, however, apparently informed ahead of time that you would forfeit vacation not used within XX period of time, all you would be eligible for at termination is the payout of vacation not "lost".
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      what I am trying....

      to find out is how many days I should be paid for up until October.

      Thank you

      Comment


      • #4
        How would we know? We can't read your policy from here. Do you accrue on a monthly basis? Have you already lost the vacation you were not allowed to roll over? When does the accrual year start? See what I'm saying here?

        What does payroll/HR say when you ask them this question?
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

        Comment


        • #5
          contract reads

          that I have 15 days every calendar year. Vacation/sick days do not accumulate from year to year, and must be taken in whole or half day increments.

          I have not taken any vacation time this year.

          Comment


          • #6
            There is still no way on that info that we can tell you. You will have to get the info from your employer - ie, payroll, HR.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

            Comment

            Working...
            X