Q: Employer isn't tracking vacation time correctly in their payroll software
My former employer under recorded the amount of agreed upon vacation time in their Quickbooks payroll software, and as a result, I was not paid out all of my vacation time upon termination from the company. My paystubs each pay period show available vacation time, and are proof of the fact. My acceptance letter from hen I started working there also indicates the terms of the vacation time benefits. Do I have any legal recourse in this scenario? It is a small LLC company headquartered in Illinois.
A: Whether you have recourse depends on what law may apply to your case. Under Illinois law, employers must pay out all earned vacation on the paycheck after termination. While the company is in Illinois, and Illinois law would give you recourse to collect unpaid earned vacation, you reside in Florida and Florida law may not be as strict as Illinois. Generally, the law of the state where you work dictates the employment law applied to your case. You should reach out to an Illinois attorney to evaluate whether Illinois or Florida law will apply in your situation and where and how to bring a claim.
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