I worked in a restaurant chain for almost nine years and got fired. I had 10 paid vacation days I never used. How can I get them to pay these out to me?
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1Have you tried asking them for the payment?– solarflareOct 23, 2018 at 1:42
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1I assumed United States, added that tag. If it's not correct, please change it. If you can provide us with the state, that would help even more!– BelleOct 23, 2018 at 9:55
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1@rasan076 they say they worked at Hardee’s, which is highly likely to be in the US (like 99% chance)– BelleOct 23, 2018 at 12:35
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3@DavidThornley they are - California, Illinois, Montana, Louisiana, Massachusetts, Nebraska, North Dakota, and Rhode Island require that it must be paid. Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, the District of Columbia, Delaware, Georgia, Hawaii, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Michigan, Minnesota, Mississippi, Missouri, Nevada, New Hampshire, New Jersey, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Tennessee, Texas, Utah, Vermont, Washington, West Virginia, and Wisconsin say if the PTO is in your contract they...– motosubatsu ♦Oct 23, 2018 at 15:13
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3..have to pay. And in Florida, Idaho, New Mexico, South Dakota, Virginia, and Wyoming there's no law around it.– motosubatsu ♦Oct 23, 2018 at 15:13
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3 Answers
I would ask using the style of an invoice from a service provider or trades person.
That is provide details where to put the money (bank, account, name etc) and also a reasonable timeframe.
That way if there is a delay or wait for long time you could take it to the next level, just in case.
I would first check the laws of your state and see if there are any laws regarding this.
If you were fired for cause in lieu of prosecution, it would be wise to let the matter drop.
If you were fired for any other reason, it would be worth taking it to corporate. If these days were accrued and not paid out, then an email or letter to your regional supervisor with one CC'd to corporate would be the appropriate action.
If you don't have the regional supervisor's number, go to corporate directly, also contact your local unemployment office and ask them for advice, often times, the frontline people know a bit and may help you.
If your income is low enough, the unemployment office may ask you about legal aide. Your county's website should have information about that, and if they don't, you can go to your county courthouse personally, and inquire.
If you have any disabilities, also check in with your county's vocational rehabilitation office, they may also be able to help.
answered Oct 26, 2018 at 19:51
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Wait what? In lieu of prosecution? The law's the law, doing somebody a favor (even as an employer) doesn't get you around it. Also, HR would be the people to contact in corporate, it's not any regional manager's job to ensure post employment pto is paid out. Oct 26, 2018 at 21:34
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@RandomUs1r It is a standard practice in retail, fast food, and some government agencies to offer them an opportunity to go quietly. The deal is, leave, and we wont have you prosecuted. If it this was the case, then it's best to let the matter drop. And it is not "Getting around the law", it's making the choice not to press charges and have someone prosecuted. It happens all the time. Oct 27, 2018 at 12:05
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Agreed that it does happen (corporate lawyers are very expensive + PR), but then withholding somebody's PTO in addition to that especially in a state where it has to be paid seems petty + illegal. Oct 30, 2018 at 20:30
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@RandomUs1r Just covering all the bases. Retail and fast food are notorious for playing fast and loose with the rules, counting on the fact that most of their employees are either too young, or too uninformed to do anything. Oct 30, 2018 at 20:41
Threaten them with legal action, it will show them who is in charge, p.s. I think you need to show that you aren't willing to back down, but certainly try to settle things politely first. And most importantly, get evidence.
