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Employment
Am I entitled to my vacation pay if I quit my job?

Am I entitled to my vacation pay if I quit my job?

Q: What happens if you resign with vacation days?

If you resign while having unused vacation days, whether you get paid for them depends on your employer's policy. In Texas, employers are not legally required to pay out unused vacation time unless there is a written agreement stating otherwise. Check your company’s policy for specifics.

Q: Can you sue a company for forcing you to quit?

You may have grounds to sue if you can prove that your employer engaged in illegal practices, such as discrimination or harassment, that effectively forced you to resign. This is known as constructive discharge. Consulting with an attorney can help you understand your rights and options.

Q: Can you use vacation time during a 2 week notice?

In Texas, you can request to use your vacation time during your two-week notice period, but it is up to your employer to approve it. If your employer allows it, you may still receive pay for those days. Review your company’s policy regarding vacation time to understand your options.

Full question:

I work for a company that is trying to make me quit my job. If I quit, do I get my vacation pay? I'm up for my 2 week vacation now.

Category: Employment
Date: 04/07/2025
State: Texas

Answer:

In Texas, vacation pay and sick leave pay are payable to an employee upon separation from employment only if a written agreement with the employer or a written policy of the employer specifically provides for payment.

http://www.dol.gov/compliance/topics/wages-other-holidays.htm

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Is it illegal for an employer to try to make you quit?

While it is not illegal for an employer to encourage an employee to quit, it can be considered constructive discharge if the employer creates a hostile work environment or makes working conditions unbearable. In such cases, the employee may have grounds for a legal claim. It's advisable to document any incidents and consult with a legal professional for guidance.