Tags: attorney, earned, employment, labor, laid-off, law, lawyer, legal, paid, paycheck, received, vacation, virginia
I was laid-off. I received my last paycheck week after my last day of work and 16 hours paid vacation. I earned my vacation while I was still working. I was awarded Unemployment benefits, but I have not received benefits yet. It has been going on three week. I received letter from Unemployment office asking me about my severance/vacation/holyday pay. Yes, I received pay for my 16 hours of vacation in the month while I was not working, but it was vacation that I earned while I was working, it was not some advance pay or severance.
Should my Employer pay all my earning on my last day of Employment? By paying me week after, it makes a big difference when it comes to receiving benefits for Unemployment. It seems like Employer and State work together on this.
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- 3 Comments
- Thank you!
I know about VA Unemployment law, but that was not my question. My vacation was earned while I was working. The only reason that it was paid week after is because company payroll falls on that week.
My questions was; Should my Employer pay all my earning on my last day of Employment? This was not extra Income!#1; Sat, 15 Jul 2006 17:38:00 GMT
- No. Virginia law does not require that you receive your final pay on your last day of employment. Your employer has no legal obligation to do so.#2; Sat, 15 Jul 2006 17:55:00 GMT
- UC takes into account vacation payouts and severance because these items are a form of income replacement. UC in itself is income replacement. I know you probably don't agree, but UC considers this as a kind of "double dipping" and reduces benefits for the given period(s) accordingly. The purpose of UC is to provide income replacement for periods of time that you have no income. The fact that you did receive 2 days vacation pay means you were paid for 2 shifts after your last day.
For more information, feel free to visit the below link:
http://www.vec.virginia.gov/vecportal/faq.cfm?getfaq=GUI#141#3; Sat, 15 Jul 2006 17:22:00 GMT