Vacation pay after termination

[Steelworker]

I had 10 vacation days left when I was terminated. My employeer said they didn't have to pay me for them. Is that legal?

 

[army judge]

I had 10 vacation days left when I was terminated. My employeer said they didn't have to pay me for them. Is that legal?

West Virginia employers are not required to pay employees for accrued vacation time upon termination.

WV state law dictates that employers have the right to set any policy standards they choose when it comes to the use of vacation time. The policy they set decides if employees are entitled to receive payment for any accrued vacation at the time of their termination.

WV employers are not required by state law to pay any benefits to workers, such as vacations. The law does indicate, however, that if the company has a policy paying employees for earned vacation time, then the company has to honor that policy for every employee. Your employee handbook is a source of information regarding vacation policies.

An exception exists to existing law. If your former employer had paid other employees for accrued vacation time previously, that employer could be accused of discrimination for not paying YOU for your accrued vacation time. If there had been a precedent of paying for unused vacation time, then all others must also be paid!

If an employer has no history of paying terminated employees for their earned vacation time, there is no requirement for them to pay you.