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  • Unfair pay practices Nevada

    I know NV is a right to work state, and that an employer is not required to give vacations, let alone pay an employee for unused vacation, but I have a situation that I would like clarification on.

    Our company (in NV) went out of business July 11th. The owners (who are in DE) stated that they were not going to pay any compensation or vacation pay. They closed the doors 7/11/08, but asked the president and myself (I am the bookkeeper) to stay on until the end of the month to "close" the company, which we did. My problem is, they gave me a list of vendors to pay (payroll taxes and others that by law, needed to be paid) and on that list was a check to my boss for his unused vacation pay! I asked him about this and his response was, "Yeah, they are paying me mine, but no one else's".

    Is there any recourse or any action I can take to get my unused vacation pay? I sent the owners an e-mail, stating how unfair I thought they were being, along with how untactful it was to have ME cut his check (they should have done it themselves from DE and no one would have been the wiser) but I got no response to that e-mail. It's not like they didn't have the money to pay it either - there was over 4,000 in the checking account when I closed the books.

    Can they pay one employee for unused vacation and not the others? Is it all or nothing? Or can they select who they want to pay it to? Seems really unfair to me if that is the case.

  • #2
    For the gazillionth time (not specifically directed at you DeirdeH, but we explain this term nearly daily in these forums), right to work means that you cannot be required to join a union to get a job. You mean "employment at will".

    Nevada wage and hour law does not require payment of accrued vacation at termination. http://www.laborcommissioner.com/faqs.htm
    So yes, the company CAN decide to pay the boss' vacation and not yours. It's possible he had a contract that is requiring them to do so, but even if he didn't, I don't see a violation of any law here.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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