Claims for Vacation Pay On Resignation Induced by Employer’s Promise

If you accrued vacation pay during your employment and were otherwise entitled to use or get paid your vacation benefit, an employer may be obligated to pay that vacation benefit to you upon termination. An employer’s policies may affect this analysis. If the employer refuses to pay the vacation benefit upon termination, then it may be in breach of its work agreement with you. If you resign your position based on an employer’s promise that it will pay your vacation benefit if you agree to resign, and the employer then refuses to pay the vacation benefit, the employer may be in breach of that promise to you. Either way, if you have a reasonable expectation of getting paid the vacation benefit on termination because of a policy or express promise from the employer, and the employer does not pay the benefit, you may have claims that you can bring as wage claims under Wisconsin law. The Wage and Hour Bureau of the Equal Rights Division for the Wisconsin Department of Workforce Development should take a complaint on this basis. A private attorney can also enforce your rights.