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Unused, but earned vacation hours after leaving job.

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JazzHands

Junior Member
What is the name of your state? Florida

I work as an hourly employee(Dental Assistant). I recently left my job for another opportunity, and I gave a proper two week notice. I stayed and helped train my replacement, and thought I left with good feelings.

In my notice I stated that I was aware that I had 48 hours of vacation left unused, and that I also knew that it took two weeks for the previous two employees who left to receive their vacation balance pay-outs. I also verbalized that I was expecting those hours to be paid to me. My former employer did not indicate either that he was not intending to pay me or that I would be paid for those hours. I also had 21 hours in that pay period of working time.

I just now got home to get my mail. He has sent me a letter stating that "Enclosed you will find your final paycheck from the week of 4/26-5-1. Two vacation days were taken in January*, and I am paying you for two more."

*Out of 64 hours/ 8 days I get a year

And then in the memo part of the check he wrote "4/28-5/1+ 2 days vacation" But then the check is for 23 hours total. So even if he is trying to steal me other 4 vacation days, this check is not for 21 hours of actual worked days plus 16 hours vacation.

What should I do? My instinct is to make copies of these items, and send the check back to him with a letter stating that I am not accepting this as a settlement. And that he is breaking employment laws,,, but which ones? He has changed what was on my time sheet, plus he has changed his payment of unused vacation days policy from the last two people that I am aware of him paying vacation to.

I know that employers in Florida are not legally required to pay their employees their vacation time, unless they have already established the precedent? Is this correct? Any advice would be greatly appreciated.
 


cbg

I'm a Northern Girl
Florida is what one of my colleagues calls a, We don't care, it isn't wages, state. In other words, Florida is not really concerned with whether vacation is paid out or not, EVEN IF there is a past precedent.
 

JazzHands

Junior Member
Does it matter that he is acknowledging that there is vacation balance that he is paying me for? Just not the entire balance? It seems to me that he is admitting that he owes it to me. And the actual wording of the state law seems to imply that it is an employer/employee issue. So if the employer pays it to one, he must pay it to all, to not do so would be discriminatory in some way?
 

cbg

I'm a Northern Girl
No, acknowledging that you have a vacation time balance does not obligate him to pay it out. Florida state law does not address the question of unpaid vacation either way. Not all discrimination is illegal - unless he is deciding who does and who does not get their vacation time paid on the basis of a characteristic protected by law, he is not obligated to do for all what he does for one.
 

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