Barton & Downes is currently investigating whether certain employers have policies regarding vacation benefits that violate state laws. Certain state laws make it illegal for employers to either fail to pay employees for unused vacation time or to require an employee to forfeit vacation benefits upon termination. In such states, vacation benefits are treated as the equivalent of wages and, if unused at the time of termination, must be paid as compensation to the employee. If an employer’s policies violate the law of the state in which the employee works, that employee may be entitled to payment for such unused benefits. Sometimes, employers will attempt to create ERISA vacation plans in an attempt to circumvent state law, but may nonetheless be required to comply with state law.

We will want to obtain some information in order to investigate your claim, including copies of your employer’s policies or plans regarding vacation benefits and your payroll stubs. If you do not have copies of these documents, we can assist you in making a request for copies. There is no charge to you for us to assist you in making this request or for us to evaluate your case.