Collecting unused vacation days?

[Radio Flyer1647545514]

I gave my company a 3 weeks notice that I'm leaving and I'm curious about collecting my unused vacation days. I'm asking preemptively assuming he's going to try to not pay me for them.

 

From what research I've done Ohio is a state where it's mandatory to pay these days. The company I work for currently is small and the owner just keeps our vacation days available tallied up on his computer or a sheet of paper, I don't really know.

 

I plan on asking about them 2 days before my last day. I have him a 3 week notice about 6 weeks ago, he promised some changes, game me a pay raise and gave me 3 extra vacation days for this year bringing me up to 8.

 

Things didn't change and the company I had interviewed with contacted me to follow up with on how the changes were going, we got to talking again and I accepted a position with them.

 

My current boss sent me a text soon after I had agreed to stay saying with the 3 extra days he gave me I now have 8 days remaining this year. That's the only proof I have of them.

 

Assuming he attempts to not buy them out what actions can I take to get that money from him? I only plan on asking him for the original 5 I had left for the year and not the additional 3 he gave me as well.

 

We get paid through a payroll company called GMS and I haven't been able to find anything in their system showing I have x vacation days per year however, I think the text message he sent me should be sufficient and none of my previous pay stubs show that I've used any of my days since then

[HotCarl]

How big is the company? Just curious but why are you leaving? Do you have any reason not to trust your boss to do the right thing?

 

I'm going to assume the answer to the last question is No, in which case what are your options. It'll be your word against his and he has all the proof of any vacation days at all so good luck winning that argument in any sort of court or mediation.

 

My opinion is you're gonna go to battle over what is going to amount to a few hundred dollars at most (not sure what you make obviously just an assumption), using your own time and money and in the end you want to leave the company anyway. I would ask for payment of the 5 unused days and leave it up to him to do the right thing, if he doesn't then he just reinforced the reason for your leaving in the first place and leave early.

[Radio Flyer1647545514]

I'm leaving to pursue better opportunities at a larger growing company with better equipment, 2 cranes in the company, mini skids, bobcats etc, FEMA contracts, out of state work with prevailing wage during some of those trips,retirement match and %100 paid employer health care.

 

My current company is about 11 employees. The total amount of unused days would be around $1,000.

 

I'm assuming he won't want to pay me because of how he has handled previous employers resignations.

 

I do have his text message telling me the amount of days I have left this year and proof on my pay stubs that none of my days I've been paid for have been vacation days.

 

I have saved 5 vacation days every year because we take all of Christmas week up to New year's off of work and I don't like not receiving any money during that time of year since it's our show period.

[HotCarl]

I'm leaving to pursue better opportunities at a larger growing company with better equipment, 2 cranes in the company, mini skids, bobcats etc, FEMA contracts, out of state work with prevailing wage during some of those trips,retirement match and %100 paid employer health care.

 

My current company is about 11 employees. The total amount of unused days would be around $1,000.

 

I'm assuming he won't want to pay me because of how he has handled previous employers resignations.

 

I do have his text message telling me the amount of days I have left this year and proof on my pay stubs that none of my days I've been paid for have been vacation days.

 

I have saved 5 vacation days every year because we take all of Christmas week up to New year's off of work and I don't like not receiving any money during that time of year since it's our show period.

 

Sounds like you're going to a much better company. Simple cost/benefit, is the $1000 worth your time and money to fight him for it, and should the judgement be in your favor how likely is he to pay it, and pay it in a timely manner (ie, 5$ a week for 200 weeks etc...)? If you think he's shady enough to just not pay it then he's shady enough to fight you in court to save himself the $1000.

 

It would be a lot different if this were a larger company with a real HR department that documents everything.

 

Is it right? Hell no, how the fuck do you run a business like that? This guy sounds like a child. Just another reason to illustrate why you're leaving too.

[Zx2guy19]

Vacation days are 10000000000% NOT mandatory to pay in Ohio. Source: nearly 10 years in higher level HR at Fortune 500 companies.

 

Read your handbook. If it's not outlined there, you have no grounds outside of just trying to get your boss to be a good person.

 

If your new company is better and you're going to have a better life there, then honestly man, the juice may not be worth the squeeze. Just say fuck it and move on.

[gillbot]

What I usually do is, having 3 weeks vacation, I give them 3 weeks notice and I’m on vacation effective immediately. IF they put it in writing they’ll pay my vacation time, I’ll work out whatever term they need for a transition. Shitty yes but it works.

[jerrodh]

FYI to everyone. Always take your remaining PTO before you put your notice in.

[Radio Flyer1647545514]

Thanks for the info everyone. I'm not trying to burn a bridge here for when I get into subcontract work. I was just misinformed about vacation buyout for Ohio, figured I'd ask here.

 

They can really use me the remaining weeks I'll be there so I figured that would be a plus for not burning the bridge and I want to help my coworkers out as much as possible before my exit.

 

He's not the most professional employer so I'll just cut my losses and move on.

[iwashmycar]

Depends on the company as other said.

 

Last job I quit, I was VERY pleasantly surprised to see the check just show up in the mail. I hadnt even expected it and it was a few thousand dollars.

 

It was a great company with a great boss, so in retrospect I expect nothing less.

[STEVE-O]

This is exactly why companies let you borrow against but make you actually accumulate your pto over the course of the year. Then if you quit you are only paid out what had accumulated that you still have available

[AngryBMW]

Vacation days are 10000000000% NOT mandatory to pay in Ohio. Source: nearly 10 years in higher level HR at Fortune 500 companies.

 

Read your handbook. If it's not outlined there, you have no grounds outside of just trying to get your boss to be a good person.

 

If your new company is better and you're going to have a better life there, then honestly man, the juice may not be worth the squeeze. Just say fuck it and move on.

 

Came here to post this. Maybe ask the owner how he will handle any unused days and then if he's an ass about it just schedule time off prior to your last day?

-Marc

[Radio Flyer1647545514]

Well I had given my boss my last day as Nov 1 to try and help them out as much as possible getting jobs done before the winter and he let me go today 2 1/2 weeks before that date. I talked him into letting me use the last of my vacation days to finish out this week.

 

Thanks for all the above info. I'll know how to handle this situation a little better next time if it ever comes to that.

[Clifford Automotive]

Vacation days are 10000000000% NOT mandatory to pay in Ohio. Source: nearly 10 years in higher level HR at Fortune 500 companies.

 

Read your handbook. If it's not outlined there, you have no grounds outside of just trying to get your boss to be a good person.

 

If your new company is better and you're going to have a better life there, then honestly man, the juice may not be worth the squeeze. Just say fuck it and move on.

 

 

That's a great source you're quoting.

 

You are absolutely granted accrued vacation time in the state of ohio, unless a clear change has been provided by the employer.

 

Source:

Damion Clifford - Corporate Attorney

Partner, Arnold and Associates.

[Zx2guy19]

That's a great source you're quoting.

 

You are absolutely granted accrued vacation time in the state of ohio, unless a clear change has been provided by the employer.

 

Source:

Damion Clifford - Corporate Attorney

Partner, Arnold and Associates.

 

Perhaps I should clarify-

 

1) this cat openly said there’s no written policies and it’s “loose”. Basically, good luck sueing or making this a deal with no record of vacation time, etc.

 

2) As you said, an employers handbook that specifically outlines how they handle unpaid vacation basically becomes “law” for that company. Example- most companies only pay “up to 40 hours” or something along those lines. They aren’t REQUIRED to pay it all out if their policy says otherwise.

 

3) if #2 doesn’t exist, employers have to pay it out. But see #1- nothing is tracked properly in his scenario (and frankly, most companies).

 

Check my work amigo. I’m open to it. Strike the first line of my statement and it applies in his situation.