Plus, if you are entitled to this vacation pay, failure to pay is a violation of the Massachusetts Wage Act which entitles you to treble damages and attorneys fees. I recommend you take a look at the Attorney General's website, in particular the Fair Labor section.
All earned vacation must be paid as wages. The amount of vacation is dependent on your firm's policy.
It's a bit complex, because most firms don't give all the vacation on January 1. Rather, most firms allow vacation to "accrue" throughout the year, so that you earn vacation days as you work normal days. Also, some firms permit their employees to borrow against future vacation, so that you might take a week in January even if you wouldn't normally accrue it until March: just as you are credited for unused vacation, you can SOMETIMES be docked for 'borrowed' vacation. And finally, many firms don't use the calendar year as their fiscal year.
I'll try to simplify it a bit:
Imagine that you were still working there, on the morning of your last day. If you had wanted to go on vacation right then, WITHOUT borrowing against any future vacation time, how much vacation had you accrued? That is often the amount that must be paid as wages.
As the previous attorney alluded, employment laws in the Commonwealth are rather convoluted. It is most certainly worth your while to contact an experienced employment attorney, as violations of Wage & Hour laws can result in triple damage rewards plus attorney fees.
Many attorneys, myself included, offer a free consultation. I would urge you to contact an attorney today.
Best of Luck,
The Law Office of Michael T. Cupoli III
www.CupoliLaw.com
978-526-9600
I agree with Attorneys Hammarlund and Cupoli and would add that It would be in your best interest to try to obtain at least 2 or 3 consults with employment lawyers. Those of us who practice employment law in Massachusetts and whom answer questions posted here on are a good place for you to start your search. Good luck and best regards, Rob Fortgang - Employment Law Attorneys / 860-658-1055 / 800-932-6457 / [email protected] / We can Help.
Allyson E. KurkerEmployment / Labor AttorneyWaltham, MA ·
Vacation is a wage in Massachusetts, and if an employer involuntarily terminates an employee, vacation (as well as any other wages due) must be paid on the day of termination. Whether you will be paid for the 3 remaining weeks, or a pro rated portion, depends on what your employer's vacation policy says about accrual of vacation. Often this policy is found an the company's employee handbook.