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Holiday pay and walking out Oklahoma

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  • Holiday pay and walking out Oklahoma

    I gave a two week notice and I dont feel like I am being treated fairly. I am leaving for alot of reasons and my boss is the main one. She isnt professional and many others. I know they have to pay me for my left over vacation. They pay everyone else who leaves I have found out. But my question is If I have had enough and decided not to come back for the last week or few days that I have left, is that grounds to not pay me for my vacation? Or can they hold it up for a long time?

    Anakasha

  • #2
    Unless it's company policy that they pay you vacation, they don't have to. If they decide to take your notice effective immediately, you may be able to collect UI for the remaining of your notice ONLY. If you decide to walk out, they can very well refuse to pay your vacation. They can not hold any moneys due for hours worked past your regularly scheduled pay day.
    Amateurs built the Ark, Professionals built the Titanic

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    • #3
      They have paid everyone else who has left their vacation, and I was told when I gave my two weeks notice by my other boss that I would be paid for my vacation. I have one week left and have a job waiting so I dont need Un employment. I just dont want to lose my vacation pay.

      anakasha

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      • #4
        Again, if it is not a company policy that they pay you vacation REGARDLESS of how employment was terminated, they don't have to . It is not law that they do. If you choose to walk out before fulfilling your notice, they don't have to pay you. Why not just ride out the notice, get your vacation pay and move on?
        Amateurs built the Ark, Professionals built the Titanic

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        • #5
          However, if it is the practice of the company to do so, it is very possible that the state would consider that a "policy". Not all policies have to be written and there is an old line in HR that says "practice makes policy".

          But for two weeks, so not to take any chances, I'd just suck it up and work out my notice, as long as they allow you to (they aren't required to by law).
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            Under Oklahoma state law "wages" means compensation owed by an employer to an employee for labor or services rendered, including salaries, commissions, holiday and vacation pay, overtime pay, severance or dismissal pay, bonuses, and other similar advantages agreed on between the employer and the employee that are earned and due. While sick pay is not an enumerated wage under state law, it's recognized by regulation as a wage. Vacation and sick pay are payable as a wage when terminating employment only if (1) agreed on between the employer and employee or (2) provided to the employee by established policy.
            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.

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            • #7
              Ok, To update a bit. I stayed my 2 weeks and I was told I would get paid for the 4 days I had left by 2 managers. It has now been almost 2 weeks since I left there and they are now refusing to pay me the 4 days. I have a check stub from a former employee who was paid his 2 weeks vacation just over 2 months ago when he quit. I also have the letter I received from my boss signed by her giving me permission to take 6 days vacation in March.

              They are saying that no one gets 2 weeks. The manager who changed the policy verbally is no longer there. I know of 5 employees that get 2 weeks vactaiton. They have all been there longer then 3 years. I also have another emloyee who was paid for her 1 week vacation when she was fired.

              I am just wondering If I need to go to the state labor board with it or to the federal? I am confused on what steps to take next. Do I need to get it in writing that they are not going to pay me or is her (kinda verbal) saying that I was not getting paid for it enough?

              Anakasha

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              • #8
                Originally posted by Anakasha View Post
                I am just wondering If I need to go to the state labor board with it or to the federal?
                The Feds won't help you. They don't require vacation pay and don't care if the employer does not make good on its promises.

                Your state might care (I doubt it).

                A court might be better, but given you are looking at only a few days, it will be small claims (unless you were paid very, very well) and you likely will not find an attorney to represent you (no harm in calling a few, but don't hold your breath). "Do it yourself" is possible in small claims, but I would rather have a root canal.
                Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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