Click the scales for TimsLaw.com homeTimsLaw.com
Tim's Missouri Employment Law
By Attorney Tim Willoughby
St. Louis Missouri employment lawyer
About Tim   Contact   Consults   Fees
*** GETTING STARTED ***
1- READ MY FRONT PAGE
2- How to use TimsLaw.com
3- FAQ - Job Law Q & A
4- Fired Employee Rights
5- Deciding what to do - Suing, etc
6- Missouri Service Letter 290.140
 
Get Firefox!  
Knowledge is power. LEARN here and then see a lawyer. Don't act alone.

ARTICLES:

UNPAID VACATION OR SICK TIME BENEFITS

Your employer didn’t pay you for your unused vacation and sick time when you left.

Please be sure to take a look at my Wage Problems article. The circumstances and your rights (or lack thereof) may be very similar. The Wage Problems article goes into a lot more detail than this article.

The primary concern lawyers have is whether the denial of your vacation or sick pay is in any way related to a possible problem arising from the law of Retaliation or Wrongful Termination or Discrimination or FMLA (Family and Medical Leave Act) or even Contract Law. Unless one of those areas of law apply to your situation, your only reasonable remedy might be to file a Missouri small claims court action.

It’s usually not worth it to hire a lawyer over unpaid vacation and sick time, because not enough money is at stake. There is no law in Missouri that I am aware of that lets you collect attorney fees for proving that the employer has cheated you out of your accrued vacation and sick time.

You will have to show the small claims court judge that the employer’s vacation and sick time program allowed you to cash-out those benefits when you left the company. That’s not always easy to do. Keep your employee-benefit booklets and flyers.

In somewhat uncommon cases, these vacation and sick pay programs may be covered by the Federal benefit law called ERISA, and that would change everything and give you lots of rights. I do not know whether your vacation and sick time benefits are covered by ERISA. But here is some general info that may protect your ERISA rights if your vacation and sick time are covered by ERISA: If you are denied vacation and sick time payout, and you feel you deserve the payout, immediately write a letter to the employer’s benefit plan administrator and complain about the denial. ERISA plans usually require that you promptly complain about the denial of a benefit before you can sue anyone. If the employer still denies your benefit, you can call the US Department of Labor (DOL) - U.S. Dept of Labor has a wealth of info on many employment-related issues. The DOL might take your complaint against the employer under ERISA, similar to how you might file an EEOC charge for discrimination issues. You could also call a lawyer to research the matter for you to see if a lawsuit would be worthwhile.

Once again, please be sure to take a look at my Wage Problems article. The circumstances and your rights (or lack thereof) may be very similar. The Wage Problems article goes into a lot more detail than this article.


***** END OF ARTICLE *****

Tim's Missouri Employment Law
is by Attorney Tim Willoughby

Tim is a St. Louis Missouri employment lawyer and a member of the National Employment Lawyers Association (NELA). Visit NELA.org and the Missouri Bar Website (see the directory of lawyers).

Tim Willoughby, Attorney
(Licensed in Missouri)
11414 Gravois Rd., Suite 203
St. Louis, MO 63126
ph:    314-729-7750
fax:   314-729-7799

1.6 miles North of I-270 on Gravois.
... Near I-270 and I-44

Google Map of 11414 Gravois Rd, St. Louis MO 63126

directions to my office.


 




Convenient Consult Times Available
HOME - TimsLaw.com |  Top of page |  Feedback about website |  Contact Us  
Privacy Policy |  © Tim Willoughby.   Copyright notice