Can a employer withhold or not pay me my vacation pay if i quit on the last day of my vacation?

I have 1 week vacation saved. I want to take my vacation before quiting to go work else where. Can the employer not pay me my vacation pay if i take my vacation, with permission, and then quit on the last day of my vacation? I live in the state of florida.

1 answer  |  asked May 4, 2016 4:43 PM [EST]  |  applies to Florida

Answers (1)

Phyllis Towzey
So you are going to quit without notice on your last day of vacation and just never go back? That's an interesting question. You may have a breach of implied contract claim if they don't pay you. The wage and hour laws won't help you because they only cover pay for hours actually worked, and do not address paid time off.

Unless the employer has a policy regarding required notice, or a policy that directly addresses this issue (not likely), then legally they cannot deduct money from your last paycheck. As a practical matter, however, they might not pay you and you would have to either walk away or file a lawsuit in small claims court.

I don't know what type of job you have or if you are continuing to work in the same field, but you may want to consider the effect this will have on what your employer says if someone calls checking references in the future.

posted by Phyllis Towzey  |  May 4, 2016 6:22 PM [EST]

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