Ferraro Vega Employment Lawyers helps protect the rights of workers in Tacoma. Being paid fairly is one of the most basic rights you have when you take a job, and that includes your vacation time. Most every employer in Tacoma offers paid vacation even though there’s no legal requirement for them to do so. But just because there isn’t a law in place doesn’t mean you can’t fight back when you were promised paid vacation and then not given it. Contact our team today to set up a free consultation to talk about your options.
Should You Get a Lawyer?
If you’re promised vacation pay–as most workers are when they take a job in Tacoma–your employer has to follow through. This is true even though they don’t need to legally–until they promise it. So, if you’re in this situation, you need to think about your options. Sometimes, that means getting a lawyer. Our team can guide you through the process of getting paid by:
- Helping you understand your legal rights and options
- Reviewing any agreements you’ve made with your employer
- Negotiating with your employer for you
- Going to court if needed
You can file a claim for unpaid vacation time without a lawyer. However, having our team by your side can make the process much easier, especially if you’re not getting the pay you deserve. We’re here to support you and make a tough situation less stressful.
Does My Employer Have to Provide Paid Vacation?
No matter what job you have in Tacoma, you may or may not have paid vacation as a benefit. There’s no legal requirement in Washington that says an employer has to provide paid vacation, but that doesn’t mean you can’t get it. In fact, the vast majority of employers will offer this as a means of enticing you to take the job–among other reasons. But again, it all comes down to the individual employer and certain scenarios like:
- Company policy – If your employer provides vacation days, you’ll earn time off according to their policy. For example, they might give you 10 days a year, and you’ll earn a portion of that each month. You can take this time off for rest or personal reasons, but you might need to request it in advance.
- Not offering paid vacation – If your employer doesn’t offer paid vacation, they’re not breaking the law. You can still ask for unpaid time off, but you won’t get paid for those days unless your employer decides to pay you.
- Disputes over vacation time – If your employer has a vacation policy but isn’t paying you for unused vacation time or isn’t letting you take it, that could be seen as breaching the employment contract. In Washington, they must pay you for any unused vacation when you leave the job, unless they have a different policy in writing.
- Retaliation – If your employer punishes you for taking vacation days (like denying your requests or docking your pay), that gives you legal options under Washington law.
Obviously, there’s a lot of different scenarios where you may or may not get vacation pay at your job. But generally speaking, the company has to comply if they have an official policy–or even a verbal agreement. When they don’t, you have certain options for getting vacation pay. Before you reach that point, though, you need a solid foundation.
What Can You Do to Reinforce Your Claim For Unpaid Vacation?
You never want to be in a situation where your employer isn’t paying you for your vacation time–especially when they promise it to you. Unfortunately, though, this is something that can happen. When it does, you have options, but you have to also set your claim up for success. Here’s how you can do that:
- Save all communications – Keep a copy of any emails, texts, or notes from meetings with your employer or HR about your vacation time. This helps show you raised the issue, and your employer was aware of the problem.
- Review your policy – If you have an employment contract or your company has a written vacation policy, check it. It can help show if your employer failed to follow their own rules.
- Check your records – Review your paystubs, timesheets, and vacation balances. If the numbers don’t match up with the time you’ve taken off, it could show you’re missing unpaid vacation days.
- Track your vacation – Save all your vacation requests, approvals, and how much time you’ve earned. If there are differences between your records and your employer’s, this can help prove what you’re owed.
Taking these steps will give you the documentation you need for a strong claim. But it’s also about taking action and holding your employer accountable when they don’t follow through on their end of the agreement.
What Are Your Options If You’re Not Given Paid Vacation in Tacoma?
While Washington state doesn’t require employers to provide paid vacation, most do offer it as part of the job. Paid vacation helps attract workers and boost morale. If your employer promised vacation time but didn’t pay you for it, you have legal options. Here’s what you can do:
- You can file a complaint with the Washington State Department of Labor & Industries (L&I). They investigate these claims and, if your employer is found to be in the wrong, they can force them to pay for your unpaid vacation time.
- You can also go straight to legal action against your employer by filing a lawsuit for unpaid vacation. With the help of our team, you can go to court and possibly recover the money you’re owed through the court system.
- If other employees are also missing vacation pay, you may be able to file or join a class action lawsuit. This gives you and your coworkers the opportunity to band together and work collectively to recover missed vacation pay and other damages.
Regardless of the option you choose, the overall goal is to recover your lost vacation pay and other “damages.” This might be different from case to case (unless it’s a class action), but generally, you can recover things like:
- Unpaid wages with interest
- Liquidated damages (which can double your unpaid vacation wages)
- Out-of-pocket expenses
- Legal fees
- Emotional distress damages
Despite having these options, legal action can be tough, and there are deadlines to file your claim–usually three years from the date you were last unpaid. Miss this deadline, you may lose your right to recover damages. Given that the stakes are so high, it’s vital to have the right support and guidance, which our team can provide.
Stand Up For Your Rights in Tacoma With Ferraro Vega Employment Lawyers
When your employment rights are being violated in Tacoma, you can turn to the experienced team at Ferraro Vega Employment Lawyers for help. We understand how challenging it can be to miss out on vacation pay, but you have ways to hold your employer accountable. We’ll guide you through the process and stand up for your rights. Contact us today for a free consultation to learn more.