My previous employer seems to want to withhold my vacation owed to me

[93LXHORSE]

I thought I left on the best terms possible with my previous employer. However, I inquired about my vacation days owed to me being added to my final paycheck and was told that because I didn't give a full 30 days notice as stated on my contract, my vacation pay was not going to be given to me.

I am currently out of town on my new job and do not have the contract in front of me, but I am quite certain that it does not state that my pay would be withheld if I didn't give a full 30 days.

I gave 21 days notice and worked as a professional right up to the end, and had 2 sit downs with the management with them begging me to stay and offering me more money.

When they finally understood that I intended to leave, they told me if I ever wanted to come back they would love to have me.

And now this. I believe it's a retaliatory measure of some sort, and I don't think it's legal, and I certainly am going to check into it and find out what recourse I have. But of course I thought I'd see what you guys though.

[46Tbird]

They do not have to pay you for accrued PTO.

http://www.twc.state.tx.us/news/efte/vacation_and_sick_leave.html

Accrued Leave Payouts

No Texas or federal law requires employers to make payouts of accrued but unused paid leave, although in rare instances, usually involving express contracts, some courts have required such payments to former employees. That is a matter left to employers to specify in their company policies. Thus, it is very important for employers to develop a clear, preferably written, policy regarding paid leave and follow it exactly. If the policy is silent on what happens to accrued, untaken leave, it is not enforceable under the Texas Payday Law.

[Silverback]

What the bald guy said

[YALE]

That doesn't sound like it's worth fighting. Just let it be.

[93LXHORSE]

Well I'll be danged. The way my ex boss phrased it to me.......... "It was because you did not give a full 30 days notice", sounded to me like they were butt hurt about something.

I do know that they tried to pull that with the last guy who left, but he eventually got his somehow. Not sure if it was through diplomacy, but if there is no legal recourse, it must have been.

[jluv]

Hell, last place I worked didn't pay out accrued vacation OR the commission that was already earned, closed, and set to pay out. I think my current employer is the same way. Sucks, but it's probably just a money thing and not a retaliatory thing.

Although, the "30 day notice" remark from your ex-boss is certainly snarky.

[93LXHORSE]

Yeah, exactly. I would have been much more content had they just said it was not their policy and they didn't have to. Not "because you didn't give your notice properly."

Anyway he is going to send me the email with the reasoning behind all of it. He was busy today and so was I so I didn't have time to discuss it.

[Ruffdaddy]

With oil doing its thing...I'd keep the relationship healthy with the old employer regardless of payout or not.

[Aceman85turbo]

who was the employer?

[quikag]

We don't pay PTO unless we want to when an employee leaves. We will typically pay it if an employees leaves on good terms, with proper notice, and is professional with the transition.

[32vfromhell]

Hell, last place I worked didn't pay out accrued vacation OR the commission that was already earned, closed, and set to pay out. I think my current employer is the same way. Sucks, but it's probably just a money thing and not a retaliatory thing.

Although, the "30 day notice" remark from your ex-boss is certainly snarky.

I know Vacation they can try to withhold, but i thought they had to pay due commissions?

[Big A]

I'm set if/when I leave my gig here in Cali. Per state law all accrued PTO must be rolled over, and either used or paid. I'm sitting on over 300 hours that I'd love to cash out,but I enjoy my job.

[Mike]

Hell, last place I worked didn't pay out accrued vacation OR the commission that was already earned, closed, and set to pay out. I think my current employer is the same way. Sucks, but it's probably just a money thing and not a retaliatory thing.

Although, the "30 day notice" remark from your ex-boss is certainly snarky.

I dealt with that when I left my previous employer as well.

I know Vacation they can try to withhold, but i thought they had to pay due commissions?

I don't know about the TX laws on it, but up here they aren't required to pay the commission.

[jluv]

I know Vacation they can try to withhold, but i thought they had to pay due commissions?

Nope.

[Sean88gt]

Well I'll be danged. The way my ex boss phrased it to me.......... "It was because you did not give a full 30 days notice", sounded to me like they were butt hurt about something.

I do know that they tried to pull that with the last guy who left, but he eventually got his somehow. Not sure if it was through diplomacy, but if there is no legal recourse, it must have been.

Simple transaction. If the contract said 30 days, and you failed to give that, then you breached. Whether it may be right or wrong is inconsequential, as the law views you as the violating party.