Without an employee handbook or formal policy can an employer refuse to pay vacation time.

Well, Mr. Nalley, I don't have "faith" in the Department of Labor either, but the statute requires the claimant to file a claim with them. There is then a procedure that a claimant can use to get a right to sue their own suit in circuit court. But what lawyer do you know who will take a claim for vacation pay on a contingency? I wouldn't, unless, we are talking about an awful lot of weeks of vacation at a very high salary.

posted by John Otto  |  Apr 12, 2010 2:37 PM [EST]

The only thing I can ever disagree with Mr. Otto is his faith that the Department of Labor. Of course it is free and there is no reason not to call, fill out the paper work, and see if they ever invrstigate--common sense requires it, but I like to think would be better off of you could find a lawyer to prosecute yout case in court--which is is ultimateky difficultm but thete on many who do contingenvy fee cases. And last tie time I checked the Department;s decision is not enforciable as in itsel, and there is no collatteral ettoplr and res judicticata to maintain a department invsttigation sand to maintain a small courty complaint as well.

However, without question, the law in Illinois requires them to pay for any unused paid vacation. I would go ahead and try the Illinois Department of Lanor, and if they pay, thats great, but its just not in my experience. If you wish to call may

Ryan Scott Nalley'
773-632069

posted by Ryan Nalley  |  Mar 21, 2010 03:35 AM [EST]

Under those facts, the employer definitely owes you the vacation. Call the Illinois Department of Labor and tell them you want to file a complaint. Most employers will pay up after a letter from the Labor Department.

posted by John Otto  |  Mar 2, 2010 3:45 PM [EST]