Ferraro Vega Employment Lawyers proudly supports Washington State workers who don’t receive the pay they’ve worked for. That can include the vacation time and PTO (paid time off), and unpaid time off they are due. Employers can unfairly deny employees their time off or fail to compensate unused vacation days. This can go against Washington and Federal labor laws. You can also demand the benefits you’ve been promised in court.
If this has happened to you and you want to know how to get the money you are owed, contact us for a free, no-obligation consultation.
Let’s go over how to hold your employer financially accountable for everything that’s been withheld. In some cases, there are ways to receive more than you are owed for vacation days or pay that’s been kept from you.
Do I Need an Employment Lawyer to Recover Withheld Vacation Benefits?
You don’t have to have a lawyer to file a claim against your company. If your vacation wages or time don’t add up to a lot at the moment and your employer appears to be trying to correct any mistakes, you may not need a lawyer.
However, if your case is complex and involves a lot of lost time and income, it may pay to have a Washington Unpaid Wage Lawyer to handle your case. A skilled employment lawyer can fully investigate what happened and build your case with powerful evidence. Your lawyer can then file a claim and seek a settlement. Your lawyer can also file a lawsuit and seek a fair ruling from a judge or jury that awards everything that’s been lost.
When Should I Speak to an Employment Lawyer?
Speak to a lawyer if your company doesn’t seem to be taking your complaints seriously. Speak to a lawyer if you’ve been denied unpaid time off guaranteed to you under the Federal Family and Medical Leave Act (FMLA) or Washington’s Family Care Act (FCA).
You should consider speaking to a lawyer if other employees you work with are having the same issues with vacation pay.
Contact a lawyer if your company has referred you to their team of attorneys. You should talk to a lawyer if a wage claim award doesn’t seem to cover all of your losses. You should go over your case with a lawyer if your claim has already been dismissed unfairly. Consult with a lawyer if your employer threatens you or fires you simply because you spoke up about a problem.
Ferraro Vega Employment Lawyers can help you with an appeal. We can also help you file a lawsuit against your employer if that’s the only way to get what’s fair.
In some cases, your attorney can secure much more for you than you are even owed. Employers can face additional financial punishment if they purposely withhold money from your paycheck. The money you spend on legal defense could also be awarded back to you, straight from the employer’s pocket.
When Can I File Claims Against My Employer for Denying Unpaid Time Off?
If you were denied unpaid time off requested for a protected reason, you can file a claim and perhaps also file a lawsuit. If an employee wants time off for a reason guaranteed by the Federal Family and Medical Leave Act (FMLA), it must be approved. The FMLA protects eligible workers at businesses with 50 or more employees and also employees at public agencies, like city, county, state workers, and school employees.
Things like childbirth, adoption, and taking care of a sick loved one are covered under the FMLA.
Workers in our state are also protected by the Washington Family Care Act (FCA). It can supplement workers asking for time off for similar reasons.
You can visit our legal guide to find out more about your rights to Unpaid Time Off in Washington.
When Does My Employer Owe Me Vacation Pay in Washington?
Washington Labor Laws do not guarantee vacation time to employees. Unlike wage disputes and other violations of other worker rights, you can’t file claims with the Washington State Department of Labor & Industries (L&I) over such a vacation issue.
However, victims of this type of wage and benefit theft can take legal action directly against a company to recover the money and time owed. The case would hinge on the vacation time and reimbursement policies outlined in the work contract. Companies that violate their own policies would be liable for their mistakes or for intentionally withholding income.
A lawyer will have evidence prepared to take a case to court. A Washington Unpaid Vacation Time Lawyer explains the full impact of your lost pay and time, and its impact on your family’s life. Every hardship you’ve been put through must be communicated so the court can make a fair decision and award everything that’s been lost and perhaps more.
There are a few circumstances that could be taken before the Department of L&I. A filed claim over these vacation violations would be heard by administrators:
- You can use vacation or other types of paid leave for the care of qualifying family members. See the L&I’s Family Care Act page for full details.
- If you are a worker on a public project, then you may have contract rights under the state’s prevailing wage law.
- Some municipalities have ordinances that require certain types of leave. Employers should check and make sure they are complying with local laws.
Your Ferraro Vega representative would be your guide to deciding if your case should first be filed with Washington State authorities or if a lawsuit is appropriate. Your attorney can represent you to state labor officials or in court to demand more on your behalf.
Can I Sue My Former Employer for Vacation Days that Weren’t Paid Out?
This would also depend on the work/contract agreement you are working under. Some employers provide paid vacation. Some Washington employers also let you cash out unused vacation days if you leave your job.
You can sue an employer for these benefits if your company goes against what’s promised in its work agreement. Your lawyer will be an important resource for this type of case. A legal professional can go over the work agreement to find the policies your employers set forth and determine if they violated those promises.
Contact a Washington Unpaid Vacation Time Lawyer Today
If your company isn’t reimbursing you for the PTO it promised you, you have the legal right to take legal action. At Ferraro Vega Employment Lawyers, we’re here to help you make sure you get reimbursed. We take up the fight until you receive what you are owed. We help victims of wage theft in Seattle, Spokane, Tacoma, and across Washington State. We help victims regardless of their immigration status. Labor laws are in place to help everyone.
At the same time, we safeguard your job security and shield you from any retaliation from employers. Our legal team knows the city, state, and U.S. labor laws and will work hard to hold your employer accountable. Don’t wait–contact us today for a free consultation.
