Ferraro Vega Employment Lawyers stands up for workers in Seattle when they’re not being paid properly. There’s a lot of different ways your employer can try to get around paying you, but one of the most brazen is not giving you paid vacation. There’s no law in Washington that says they need to, but virtually every job offers vacation pay as one of the benefits. If you’ve been led to believe you get paid vacation, and then don’t, you do have options for recouping that pay. Our team can help you. Contact us today for a free consultation.
Do You Need a Lawyer?
When you accept a job, you’re entering into an agreement with your employer on certain things: your pay, work conditions, and benefits being among the most important. One of the most common benefits that most every employer offers is paid vacation. So, when your employer doesn’t give this to you, they’re breaching your employment agreement–giving you certain options.
But you might be wondering if you need a lawyer, and the answer there depends on your needs. If you feel more comfortable going to your employer directly, you might avoid the legal process. But if they don’t want to cooperate, our team can help you by:
- Explaining your legal rights and options
- Reviewing any written or other agreements made with your employer
- Negotiating with your employer on your behalf
- Going to court, if necessary
In Seattle, you don’t need a lawyer to file a claim for unpaid vacation time. But having our team on your side can make a big difference, especially if you’re not being paid what you’re owed. We want to make an extremely difficult situation easier for you.
What Options Do You Have When You’re Not Given Paid Vacation?
Even though there’s no legal requirement in Washington for providing paid vacation, most every employer offers it when they hire workers. It’s not hard to see why: paid vacation is a way to both entice potential workers and boost productivity and morale.
Importantly though, you have certain legal options if you were promised unpaid vacation time and then later not paid for it. Here’s what you can do:
Dealing with unpaid wages can be stressful and impact your finances and family life. Luckily, there are legal steps you can take if you’re not being paid fairly or are forced to work without proper pay. Your options include:
- File an administrative complaint – You can file a complaint with the Washington State Department of Labor & Industries (L&I). This agency enforces labor laws and investigates claims. If they find your employer in the wrong, they can make them pay you for the unpaid vacation time.
- File a lawsuit – Another option is to file a lawsuit against your employer for not paying your vacation time or breaking your contract. With help from our team, you can take your case to court and potentially recover damages.
- Join a class action – If other employees are also missing unpaid vacation time, you might be able to join a class action lawsuit. This allows a group of workers to take legal action together to recover what they’re owed.
At its core, unpaid vacation time is wage theft. But it’s also about recovering from the financial problems that can happen when you’re not paid properly. When you file a lawsuit or join a class action, you can potentially recover things like:
- Unpaid or lost wages with interest
- Liquidated damages (which may double the amount of lost paid vacation wages)
- Reimbursement for out-of-pocket expenses
- Attorneys’ fees
- Emotional distress damages
Even though these options are available to you, it still takes a lot of courage to stand up to your employer and demand fair treatment. Then, there’s the deadlines–you usually have three years from the date of your last unpaid wage to file your claim. Miss this deadline, and you can’t file a claim or recover damages.
What Can You Do to Protect Your Claim For Unpaid Vacation Time?
If you’re not being paid for your vacation time, it’s a pretty stark example of your employer not following through on their side of your agreement. But at the same time, you have to also present evidence and proof to protect your claim. That can sometimes be difficult to do in the moment, considering that vacation pay isn’t usually immediate.
Regardless, though, there’s a few things you can do to protect your rights and strengthen your claim:
- Keep track of your vacation – Write down your vacation requests, approvals, and how much vacation time you’ve earned. Note when you were allowed to take vacation and how much time you actually took. If there are any differences between your records and your employer’s, this can help show what you’re owed.
- Check your pay records – Look at your paystubs, timesheets, and vacation balance reports. Compare them to the vacation time you’ve taken. If the numbers don’t match, it could reveal unpaid vacation days.
- Save conversations – Keep copies of any emails, texts, or notes from meetings with your employer or HR about your vacation. These records can show that you raised the issue and that your employer was aware of the problem.
- Review contract or policies – Get a copy of your employment contract (if there is a written version) or company policy that explains how vacation time is earned and used. This can show if your employer didn’t follow the agreement.
Like any claim, the more proof you have, the stronger your case will be. Keeping good records and saving important documents and conversations will help you recover unpaid vacation time and hold your employer responsible if they broke your agreement.
Contact Ferraro Vega For a Free Consultation in Seattle
You have certain expectations when you accept a job in Seattle, including being paid for vacation time. When you and your employer agree on terms, but they don’t follow through, it puts you in a difficult situation. Our team at Ferraro Vega Employment Lawyers understand what you’re going through and can help you through the claims process–making sure your rights are protected and you’re paid what you’re owed. To get started, contact us today for a free consultation.