Legal Question in Employment Law in Massachusetts

Accrued Vacation Time Upon Termination

Can the final payment due the day of firing for accrued vacation time be reduced by sick time paid out that had not yet been accrued. I had sick time that was not accrued, but I was paid for it. So can they deduct the difference from my accrued vacation time owed?


Asked on 5/09/08, 5:39 pm

1 Answer from Attorneys

Thomas Abdow Abdow Law

Re: Accrued Vacation Time Upon Termination

In this kind of situation it is best to take the matter to the "Fair Labor and Business Practices Office" or "Wage and Hour Division" of the Massachusetts Attorney General's office (or its successor - since many state offices change in services or location from time to time). They have had an office in the Western MA area in Springfield. You should be able to find this in your telephone directory or online at Mass.gov. I am sure they also have a location or representative in your area if you are from the eastern part of Massachusetts. They have been known to be quite a staunch defender of employee rights in this area. They often take an affirmative stance on such problems and resolve them with general threats of statutory violations combined with further investigations, fines, etc. This will save you a lot of money at the outset, get the employer to stand up and "take notice" and though I do not like to send clients away, it is in your best interest to make this inquiry first. If after this step, you still are not paid properly, call an attorney; you may feel free to contact me privately if you need additional legal work done. I do these cases on an hourly basis with payment in advance. At this point, I do not represent you, and am only offering some free advice. For representation to begin you would need to further discuss this matter, give some proof, then if it looks like we may help you, arrange a meeting, explain your case further, and what your rights are or possible remedies, we would then negotiate an initial fee and sign an Attorney-Client representation and fee agreement. Good luck with this first step. Let me know if there is anything I can do for you.

Respectfully,

Thomas Abdow, J.D.

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Answered on 5/09/08, 8:44 pm


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