So as i stated in a different post, my company did let me go last week. Now, i got my last paycheck and they decided not to give me the day off i asked for. OK, wtf. i think. Than i notice that i have 40 hours of vacation time left on my pay stub.
My question is, is my former employer legally required to give me the vacation time im owed?
nope, they done “Owe” you 40 hours, you had 40 hours available for you to use and you didn’t.
I thought if you earned the time they had to pay you for it…unless you were fired.
THEY OWE IT TO YOU… as long as you didnt get fired for reasons brought on by yourself… then they have the right to dispute it…
assuming your talkin about PTO
All depends on what your company’s official policy is.
http://www.labor.state.ny.us/workerprotection/laborstandards/faq.shtm#10
So basically, if they have it in writing somewhere that you get vacation but are not entitled to it if you are let go or resign, you have no legal standing to fight for it.
If however there is no written policy in regards to vacation time expiration or forfeiture, and there was a policy that granted you vacation time, you are legally entitled to it.
probably