Without an employee handbook or formal policy can an employer refuse to pay vacation time.
When accepting employment I negotiated two weeks paid vacation upon start and on the offer letter had the employer remove the wording after 12 months of employment. The letter states the following and was initialed by Executive Director "Two Weeks of Paid Vacation Annually." I recently provided a two week resignation notice and most recently had my annual aniversay which I feel makes me eligible for the two weeks vacation. They have stated I am not eligible because it has not accrued. What course of action can I take against them?
3 answers | asked Mar 2, 2010 5:35 PM [EST] in Vacation | applies to IllinoisAnswers (3)
Well, Mr. Nalley, I don't have "faith" in the Department of Labor either, but the statute requires the claimant to file a claim with them. There is then a procedure that a claimant can use to get a right to sue their own suit in circuit court. But what lawyer do you know who will take a claim for vacation pay on a contingency? I wouldn't, unless, we are talking about an awful lot of weeks of vacation at a very high salary.
posted by John Otto | Apr 12, 2010 5:37 PM [EST]
posted by John Otto | Apr 12, 2010 5:37 PM [EST]
The only thing I can ever disagree with Mr. Otto is his faith that the Department of Labor. Of course it is free and there is no reason not to call, fill out the paper work, and see if they ever invrstigate--common sense requires it, but I like to think would be better off of you could find a lawyer to prosecute yout case in court--which is is ultimateky difficultm but thete on many who do contingenvy fee cases. And last tie time I checked the Department;s decision is not enforciable as in itsel, and there is no collatteral ettoplr and res judicticata to maintain a department invsttigation sand to maintain a small courty complaint as well.
However, without question, the law in Illinois requires them to pay for any unused paid vacation. I would go ahead and try the Illinois Department of Lanor, and if they pay, thats great, but its just not in my experience. If you wish to call may
Ryan Scott Nalley'
773-632069
posted by Ryan Nalley | Mar 21, 2010 06:35 AM [EST]
However, without question, the law in Illinois requires them to pay for any unused paid vacation. I would go ahead and try the Illinois Department of Lanor, and if they pay, thats great, but its just not in my experience. If you wish to call may
Ryan Scott Nalley'
773-632069
posted by Ryan Nalley | Mar 21, 2010 06:35 AM [EST]
Under those facts, the employer definitely owes you the vacation. Call the Illinois Department of Labor and tell them you want to file a complaint. Most employers will pay up after a letter from the Labor Department.
posted by John Otto | Mar 2, 2010 5:45 PM [EST]
posted by John Otto | Mar 2, 2010 5:45 PM [EST]
