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nuclearlemon
03-21-2011, 02:33 PM
Anybody versed in them? Previous boss is denying paying my vacation because I quit...I thought they were required by law to pay

Tia

DenCo40
03-21-2011, 02:38 PM
http://www.colorado.gov/cs/Satellite/CDLE-LaborLaws/CDLE/1248095305408

It depends on whether it is part of your regular compensation or not. If it is then they have to pay you..

DaveInDenver
03-21-2011, 02:56 PM
Were you paid by the hour? Did you accrue paid vacation each pay check? Did your vacation (if accrued) roll over each year or was it lost annually?

I've had jobs in Colorado that worked both ways, so it's good to know the terms up front.

nuclearlemon
03-21-2011, 04:07 PM
it was done in lump sums. at the first of the year, i got one weeks vacation (which i think i should be owed) and i would've gotten another on my anniversary date in april (which i expected not to get). it was an hourly job. vaca was a use it by the end of the year or lose it situation and i have used none this year.

DaveInDenver
03-21-2011, 04:32 PM
That you lose it each calendar year sounds like to me it was a benefit and not deferred compensation. My guess is that they don't owe you back vacation pay. Your vacation was like sick days or health insurance, just a benefit. Most hourly employees work this way, but OTOH each paycheck is for the full amount and not slightly smaller due to the banked vacation hours.

Dr. Schlegs
03-21-2011, 04:48 PM
Most employers will only pay out if you are laid off. They will not pay out if you are fired or quit. However each state is different in their rulings on this one but from my HR days that was the general rule of thumb.

nuclearlemon
03-22-2011, 05:45 PM
according to the parts mgr, the hr lady told him that if i'd been fired they would have to pay, but since i quit they didn't have to. the colo labor law doesn't specify that.:confused:

Tch2fly
03-22-2011, 06:28 PM
according to the parts mgr, the hr lady told him that if i'd been fired they would have to pay, but since i quit they didn't have to. the colo labor law doesn't specify that.:confused:

Ige, I talked to my wife who has HR and payroll certifcations and basically you are at the mercy of the company policy. Most companies have their policies written out and you should have gotten, or signed, a copy of that policy.

She suggested that you ask for a copy of the policy (especially if they had you sign something)

If they don't have written documentation it is all based on actual practice, if they have never paid anyone, you are screwed but if you know of any situations where they paid out someone who quit, you might be able to force them to pay.

nuclearlemon
03-26-2011, 10:14 AM
a former coworker found the page that i was trying to find. the link above was all i could find online and it's sketchy in its wording. according to one of the service guys, a tech that quit used essentially this same page to get his vaca time paid.

the important parts have arrows. i now have to work on politely drafting a letter to accompany this.

Romer
03-26-2011, 10:53 AM
Ige, hope this works out

Whats your new job?