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  • last pay check

    Several weeks ago, I left my employer to pursue another job. On my last day, I was given a paycheck for the last 2 weeks worked which was not my final paycheck. They shorted me 10 hours which I worked. Then my last paycheck didn't get to me until 3 weeks after the next payroll date. I accrued 2 weeks vacation time. They did not pay it to me. Am I entitled to it. I live in the state of Massachusetts.

  • #2
    Yes, you are entitled to it. MA requires that final wages include vacation pay.

    If you are owed wages/vacation pay which your employer is refusing to pay, you can contact MA's Attorney General's office to file a complaint.

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    • #3
      Thank You

      Thank You. Do you know of a website that states that. I am trying to do as much research as possible so that I have all the facts.

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      • #4
        It's in here; I promise. I don't promise that it will be easy to read...

        http://www.mass.gov/legis/laws/mgl/149-148.htm
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          ...one more thing

          To add to cbg's thoughts, you might also review http://www.mass.gov/legis/laws/mgl/149-150.htm.

          As you weren't paid the full amount due on your date of termination, you have a right of action against your employer, possibly for 3x what they owed you (although a case decided by the SJC this summer has made it more difficult to get treble damages). But you should read this section to understand the steps to take in order to recover your wages - filing a complaint with the AG and then filing a civil action on your own, once the AG has passed.

          The statutue also allows you to recovery the attorneys fees if you hire a lawyer to sue your employer.

          ___________________________
          This is provided for information purposes only. This is not legal advice, and the author makes no representation as to whether any of it is accurate or correct. You should consult a lawyer who can provide advice tailored to your situation before making decisions with legal implications.
          Last edited by bostonlawyer; 11-23-2005, 05:14 AM.
          ___________________________
          This is provided for information purposes only. This is not legal advice, and the author makes no representation as to whether any of it is accurate or correct. You should consult a lawyer who can provide advice tailored to your situation before making decisions with legal implications.

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          • #6
            Read Your Company's Vacation Policy

            I believe the Attorney General's directive defines how much vacation time an employee is owed at termination. If the employer's policy is very clear about how the time is earned, you are paid according to policy. If the employer's policy is unclear or ambiguous, you are paid the total vacation time owned.

            For example, if the policy only states that you get 10 days a year and there is no detail about how you earn that 10 days, you get paid for the 10 days less whatever you used.

            If the policy states that you get 10 days a year by earning it monthly at the rate of .83 days, your last day of work is November 30, and you used 5 days during the vacation year, you are paid for (11 months * .83 days) - 5 days used.

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            • #7
              The Attorney General's directive also says that a use it or lose it policy is acceptable, even though if you call them and ask under what circumstances an employee can lose earned but unused vacation time, they will say, none.
              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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