Let go day before my 4th of July vacation.

[jersey4000]

I began working with a small NJ company in Feb of 2004. I was let go on Thurs June 30 and in the dismissal letter it states that ":Re Your vacation time: we will pay the prorated time. it is 5 days, 6 months of year is passed and we owe you 2.5 days as of now from this 2.5 days you have taken 1 day couple of weeks ago, which makes it 1.5 day left so we will add it in your next check."

This prorated policy was never mention upon receiving the company rules when I was initially hired. The company rules state: "5 day vacation (of 4th of July closing week + one day per employee choice)"

I saw in another post that that NJ requires the employee to be informed of this policy before the actual event takes place.

In conclusion, I actually have 6 days vacation as stated in the company rules and am I entitled to the entire week of pay? Just crappy to be let go the day before your vacation and then be told that you didn't earn it.

Thank you in advance.

[jersey4000]

does this statute state that I should receive all monies owed on the following pay period date>

[cbg]

New Jersey law does not require that accrued but unused vacation time be paid out at all.

All monies owed do have to be paid out on the next available payday; however, under NJ law vacation time is not owed. If the employer is willing to pay out a pro-rated portion, that's fine and I applaud that. But it's not required by law.

[jersey4000]

it have to contain all monies owed or does my employer have legally until next week to pay me. I was paid weekely, 10 days after week worked so Thursday, tomorrow, should I expect all monies owed and if I do not receive that do I have an option of calling the police for his breaking the N.J. Stat. Ann. §34:11-4.3?

Thank you so much for writing, I appreciate all your help, going through a funky one here.

[cbg]

Whatever day would be the next regular payday after your last day of work, is the day you are due whatever wages you are still owed plus whatever vacation time your employer is willing to provide. Essentially, they have to pay you on the same day you would get paid for working those hours if you were still employed.

If they do not pay you, your recourse is not to call the police - they will not get involved in employment issues. Instead, what you do is call the state Department of Labor and file a complaint for unpaid wages.