Employer holding vacation pay

[charley61]

What is the name of your state? Missouri

I worked for a company for almost six years. I quit to take a higher paying position with another company. I didn't give notice, because I had problems with my supervisor, and was tired of dealing with them. I have received my last paycheck, but it didn't include my accrued vacation time. I called and was told that it would be sent, along with the paperwork I needed for getting my 401k money. It's been three weeks now, and I still haven't received the vacation pay or paperwork. Is this legal?

 

[cbg]

No Federal law and no law in Missouri requires that they pay you your unused vacation pay AT ALL. So unless you have a contract or your company has a binding policy that requires them to pay it, they can send it whenever they want to, or not at all.

Whether or not they are out of compliance with the law in not having sent you the 401k paperwork yet, depends on your plan document. Not all plans permit 401k payout/rollover immediately upon termination; some only allow it once a quarter, semi-annually, or even in a few cases annually.