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Vacation pay when quitting Tennessee

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  • Vacation pay when quitting Tennessee

    My employer says he does not have to pay me my vacation that I did not use once I quit. He said the vacation policy is use it or lose it. We have one year to use it or it doesn't roll over. I am quitting and will have 30 hours I can not use. I thought it was law that he had to pay me any unused hours. Please advise. If possible, could you show me where I can prove him wrong or right if it is the case.

  • #2
    Sorry, but in this case you are wrong and your employer is right. Unless your company policy expressly allows for payout of unused time, it is not required in Tennessee.

    https://www.tn.gov/workforce/topic/w...enefits-breaks
    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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    • #3
      Not in Tennessee. http://attorneygeneral.tn.gov/op/2006/op/op169.pdf

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      • #4
        Confused

        Originally posted by cbg View Post
        Sorry, but in this case you are wrong and your employer is right. Unless your company policy expressly allows for payout of unused time, it is not required in Tennessee.

        https://www.tn.gov/workforce/topic/w...enefits-breaks
        Now I am really confused. My lawyer says that he has to pay me the vacation.

        The employer has a lawyer telling him he has to pay me.

        Everyone involved is confused as to what to do now.

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        • #5
          If both lawyers are agreeing that it should be paid, I am not sure what the issue is. State law doesn't REQUIRE it but if the employer has a policy that states it will be paid, then that comes into play also. Which is what I suspect both lawyers are referencing rather than a state law that doesn't require it.

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          • #6
            Two possibilities here: Essentially what the Tennesse law says is the guy has to follow his own policy, whether it's written, like in the employee handbook, or whether he's done it in practice. So, the lawyer's are probably looking at if he has paid other people their vacation upon termination. If so, he can't single you out and refuse to pay you just because he's mad you quit.

            The other possibility is that attorneys make mistakes like anybody else. Frequently.

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            • #7
              Originally posted by ferretrick View Post
              Two possibilities here: Essentially what the Tennesse law says is the guy has to follow his own policy, whether it's written, like in the employee handbook, or whether he's done it in practice. So, the lawyer's are probably looking at if he has paid other people their vacation upon termination. If so, he can't single you out and refuse to pay you just because he's mad you quit.

              The other possibility is that attorneys make mistakes like anybody else. Frequently.
              I just think that maybe none of them have read the entire article on tn.gov. I read it and I admit that I am wrong. He does not owe me. Our vacation does not roll over, if it isn't used by our anniversary date then we forfeit it. He informed me of that when I hired in.

              thanks to all of you

              Comment

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