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One week until vacation pay was due

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  • One week until vacation pay was due

    I was laid off on July 29th, and rec'd two weeks wages in lieu of notice, which paid me through August 12th, 2005.

    My anniversary date for vacation, sick leave, and personal leave was August 20th, 2005, essentially one week later.

    I honestly believe that my previous employer "timed" my layoff to avoid paying me vacation, sick pay, personal time, etc.

    Anyone know if there is anything I can do about this? (I live in Texas)

    Please let me know something soon!

  • #2
    There is no legal requirement in Texas for an employer to pay out any accrued paid-time-off benefits at termination. So, even if that is the reason they did it, they didn't need to.

    Besides, this is just your "feeling". Do you have any proof? Did they do the same thing to other similarly situated employees?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    • #3
      It is company policy to pay acrrued time off upon termination, etc. (I have a copy of the policy).

      Also, our dates for the start of each benefit year were changed from January 1st of each year, to the actual date of our anniversary (mine was August 20th). This was done in June of 2004.

      I went from June of 2004 to July 29th, 2005 with only the vacation and other time off that I had already accrued as of June 2004. In other words, I did not get a new year of benefits on August 20th, 2004 (my anniversary date) like I was supposed to.

      It seem to me I am owed for last years benefits, as well as my impending benefits for this year............


      • #4
        Not under any Texas or Federal law, you aren't. Sorry.
        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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