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Vaccation Pay Question

 
 
Reply Tue 21 Nov, 2006 11:16 pm
I quit my job just over 2 months ago. I left on bad terms, (I went in to give my 2 weeks, my boss got very upset and told me he wasn't going to give me my last paycheck, so I quit on the spot and demanded my pay) and they told me that my 4%(vaccation pay) would be mailed to me. I have started a new job since, and still have not received my 4%. I believe it was up at about 385$ when I left. What Should I do? Who should I contact? I also should probably mention that I live in Quebec, we have different labour laws in place here. I don't really know what else to do. They won't answer my calls. My current employer called them and they say I never worked there. How long are you supposed to wait before you are sent your 4%? If anyone has any advice, has gone through a similar situation, I would greatly appreciate a response.

Sincerely,
Constance
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Type: Discussion • Score: 1 • Views: 1,412 • Replies: 8
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cicerone imposter
 
  1  
Reply Tue 21 Nov, 2006 11:24 pm
Constance, They're supposed to pay you your last pay including vacation pay within 24 hours of termination - or some such. It's against the law for employers to hold any pay longer than what's allowed by federal and state law. Earned vacation cannot be taken away. Go to your state EDD or attorney general and complain.
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cicerone imposter
 
  1  
Reply Tue 21 Nov, 2006 11:29 pm
Constance, I found this that speaks to final paychecks.

Facts about Final Pay and Paychecks
When Final Pay is Due
Final pay laws vary by state and the provisions often differ even within a state, depending on whether employers lay off or fire employees, or employees quit with or without giving advanced notice of resignation. But, generally, final pay is due immediately or soon after employment ends. In many states, final pay is due by the next regularly-scheduled payday. In some states, final pay is due within a certain number of days (typically fifteen or fewer). In a few states, final pay is due immediately.

For example, California employees who give at least 72 hours advanced notice of resignation or who get fired or laid off, are entitled to receive their final paychecks by the end of their last day of work. California employees who don't give advanced notice are entitled to receive their final paychecks within 72 hours of their last day of work.

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Colorado employees are entitled to receive their final paychecks immediately if they get fired or laid off, or by the next payday if they quit with or without giving advanced notice.

I used to work in management in California, and we always paid the terminated employee on the last day of work.
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Butrflynet
 
  1  
Reply Tue 21 Nov, 2006 11:47 pm
c.i.,

Quote:
I also should probably mention that I live in Quebec, we have different labour laws in place here.
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roger
 
  1  
Reply Tue 21 Nov, 2006 11:49 pm
Well, he's in Canada, so none of this is likely to apply.

In New Mexico, if the employee is fired, the limit is 3 working days. If he quits, the deadline is the next scheduled payday, regardless of any notice given, or not. Vacation pay is not required in this state, and the employeer is not required to pay for accrued vacation pay.

If vacation pay is required in Quebec, it is probably required to be paid after separation, but this is a guess based on an if.

I happen to know that MA requires it be paid, but I believe that is not the usual case.
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cicerone imposter
 
  1  
Reply Wed 22 Nov, 2006 12:15 am
I used to be familiar with California labor laws, but it's been awhile since my retirement, so I'm really not in a good position to give up-to-date advise - especially if one lives in another state or country. Labor laws vary too much.

I think her best bet is to get advise from a local government labor official.
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roger
 
  1  
Reply Wed 22 Nov, 2006 09:19 am
This is usually a good source, but don't know if they operate outside the U.S.

Free Advice
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flushd
 
  1  
Reply Wed 22 Nov, 2006 10:18 am
Can you give more info?

How long were you working there. Was sort of work was it: who was your employer? Were you working 'under the table'?

You quit. So, depending on a lot of things, they may have reason to hold your vacation pay. You didn't work the 2 weeks you legally are supposed to: they can take that from your pocket.

The last time I had a problem with a job I went down to my local Human Resources center with all my papers in tow. I was working for a Co-operative and so things got a little confusing to me, yah.

(Read the fine print of what you agreed to, read your Labour Laws and Employment Standards - freely available - before wasting anyone's time).
But...I have never worked 'officially' in Quebec. I'm in Manitoba.

You could also ask for advice from those who have worked/ do work in the field that you are working in your province and ask them if they have ever encountered anything like that.

In a perfect situation that is all even on both sides - you should have gotten your vacation pay along with your wages.

good luck in this.
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Constance771
 
  1  
Reply Wed 22 Nov, 2006 11:02 am
thnaks for the advice
thank you all for the replys; although many of them don't really apply to my situation seeings how they concern california labour laws, but i do still appreciate it. I worked there for a little over 8 months, the company was called first financial services, and I am actually not the only one who hasn't received any sort of final payment. Is there anyone from Quebec, Canada, who might know what government agency I should contact. I don't really know who or what i should call. I am also a little worried that they won't be sending me my tax forms so i can file my taxes. I know that they have to keep my records for at least 3 years after I leave but... anyways, thank you again for the time every one took to post a reply.
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