Final Pay

[gonano]

What is the name of your state? Texas Hi, I just have a question regarding cashing of a final paycheck. My old employer still owes me some outstanding vacation and sick time. My last check only includes some of what is due. I have submitted all my documentation to the Texas Labor Law Board. I have been informed that they will not be able to review my case until Jan. 05. The last check I recieved will expire in December. I have not cashed it because the memo part of the check states "Final". If I cash this check does this mean I agree that is it Final. Can I cross final off? Can I make note by my signature upon cashing that I do not agree?

Thank you

 

[Beth3]

No States' laws require that unused sick pay be paid upon termination. Texas laws regarding vacation pay only require that unused vacation be paid if the employer's policy says that they will do so. So in other words, it's entirely a matter of company policy and the employer must only be consistent with their policy.

I don't know what your employer's policy is but if it doesn't call for payout of vacation upon termination, then you aren't owed anything. If it does call for payout upon separation, then the employer must comply with State law and the word "final" on the check is meaningless.