Virginia Failure To Pay Vacation Time Lawyer
Paid time off is any time that an employee gets paid while they are not at work during a workday and may include vacation or personal time. However, not all employers fulfill their obligation to pay out vacation time to their employees. If your employer has withheld vacation pay from you, you might be able to file a claim to recover wages.
Although neither Virginia law nor the Fair Labor Standards Act addresses paid time off, Virginia considers it as wages and has its own laws that require the payments of paid time off under certain circumstances such as an employment contract. What this means is an employer who promises an employee a certain number of vacation hours and that any accrued unused vacation time would be paid out when the employee leaves and fails to pay out that unused paid time off could be sued under a breach of contract theory. The employer in such a situation would have agreed to this contract as the employee did, but they subsequently broke it by not paying. Fortunately, a Virginia failure to pay vacation time lawyer could help you assess these details and determine the legality of your employer’s actions. Reach out to our dedicated wage disputes attorney from Spiggle Law today.
Steps to Take When an Employer has Failed to Pay Vacation Time
If you believe that you are owed paid time off, the first step you should take is to talk to your employer, HR, supervisor, or whoever the appropriate person is in your organization. If that does not work, you should look for a legal representative who was barred in the state where you are working or where the violation occurred, since the law surrounding vacation time could vary a great deal from state to state. Consider consulting with a Virginia failure to pay vacation time attorney to learn about your legal options.
Additionally, you should collect documents such as pay stubs, any relevant written policies about vacation time, written employment agreements, and any other document that reflects the amount of paid time off that you have accrued.
The Role of an Attorney
A knowledgeable lawyer could help by informing you about your legal rights to paid time off and determining what you could do to recover the monetary value of paid time off as well as whether a lawsuit is a viable option for your circumstances. It is advisable to talk to a skilled lawyer at Spiggle Law about why you think you are owed the paid time off that you have not received, and provide them with all the relevant documents that support that issue.
Based on the information you provide, a failure to pay vacation time lawyer in Virginia could let you know whether it makes sense to go to trial, how expensive litigation might be, and if there are other steps that could be taken to recover your unused paid time off. For example, an attorney could make arguments to a judge or the jury that promote a favorable settlement if it is resolved before trial. If your case does go to trial, a seasoned lawyer will be familiar with what questions to ask, which documents to request in discovery, and could draft a complaint on your behalf.
Call a Virginia Failure to Pay Vacation Time Attorney Today
If you suspect your employer is wrongfully withholding your unused vacation time, you should contact a seasoned attorney at our law firm. A Virginia failure to pay vacation time lawyer could help you evaluate your employer’s actions or lack thereof and determine whether you should proceed with litigation. If your case is brought to court, our team at Spiggle Law could also help you pursue your accrued paid time off and represent your interests before a judge and jury. Check out our free case assessment calculator here.