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sweetcheeks_943 · Jul 9, 2007, 03:46 PM

I am new at this, this is my first time on this site.
What I am wanting to know is I worked at a job for 13 months, and I was working 50 to 70 hours per week. I had to take 2 weeks off due to hurting my arm and when I returned the owner of the business had taken my management position from me so I gave him a notice and quit.Well I ask for my vacation pay but did not get it and as of today he still has my last check. I have turned my uniform in and when I ask for my check he states call me tomorrow, I will have your check. I live in Tennessee and feel like he has done me wrong. Is it legal for him not to give me my vacation pay or to keep my check? This happened May 14th 2007.

tickle · Jul 9, 2007, 03:58 PM

He can't witthold your vacation pay or any cheque. You have to report him to (what it is here in Ontario, the Board of Labour), your equivalent of this.

sweetcheeks_943 · Jul 9, 2007, 06:10 PM

Thank you for this answer, but even though I quit am I still entitled to the 40 hour vacation pay that I earned?

tickle · Jul 10, 2007, 02:52 AM

Yes, you worked for it, you are entitled to it.

ScottGem · Jul 10, 2007, 06:44 AM

It depends on the company's vacation policy. If you earned it according to their policy, then yes they have to pay it. But without knowing what the policy is, I can't say whether you earned it for sure.

sweetcheeks_943 · Jul 10, 2007, 01:58 PM

Sorry, the company that I worked for is Subway Restaurant which is privately owned and operated. You have to be with the company for 1 year before you get a weeks paid vacation. You can either take the week off or work and get paid for the 40 hours vacation. I worked for this man for 13 months 50 to 70 hours per week. There were times that I would work 15 straight days before I got a day off, and that was because I was the manager and would have to take my employees slack when they would quit, or not come to work. Thank you for your responses.

Fr_Chuck · Jul 10, 2007, 03:16 PM

Here in TN it is up to company policy, many companies do not pay your vaction time since it is not considered an earn money, merely time allowed. Others pay it if you give notice, not if you don't. The rules vary.

The main issue is that vaction pay is not a right, many companies don't offer any vacation time at all.

Normally if they won't pay it, if you sue them in small claims court, with written proof that the vacation paid is a earned benefit, you should win.

ScottGem · Jul 10, 2007, 03:30 PM

If this was a written policy then you are entitled to the pay.