[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Position] [Company Name] [Company Address] [City, State, ZIP] Subject: Demand for Reimbursement of Accrued Vacation after Termination Dear [Recipient's Name], I hope this letter finds you well. I regret to inform you that it has been [number of days/weeks/months] since my employment with [Company Name] was terminated. Despite numerous attempts to resolve this matter amicably, I have yet to receive reimbursement for my accrued vacation time, which is legally owed to me. As per the labor laws in North Dakota, whenever an employee's termination, whether voluntary or involuntary, occurs, the employer must reimburse the employee for any accrued but unused vacation time. Therefore, I kindly demand immediate reimbursement of the outstanding amount, which is [specify the total amount as calculated per your employment agreement or state regulations]. To provide a clearer understanding of the situation, I have briefly outlined the relevant details below: 1. Company Policies and Agreements: Attached to this letter, you will find a copy of my employment contract, which clearly states the terms and conditions regarding vacation accrual and payment. [Specify any additional company policies or handbooks that support your claim.] 2. Accrued Vacation and Calculation: According to my records, I had accumulated a total of [number of vacation days/hours] of accrued vacation leave. The calculation has been done based on the [specify company policy or state regulations] and is detailed in the attached document. 3. Prior Communication: After my termination, I have made several attempts to resolve this matter through verbal and written communication. [Mention if you have any previous correspondence or records of discussions regarding this issue.] 4. Legal Remedies: I regret that it has come to this point, but I am prepared to exercise any legal remedies available to me if my demand for reimbursement is not met promptly. I am confident that we can resolve this matter without resorting to legal action, which could have potential consequences for [Company Name]'s reputation. To facilitate a prompt resolution, I kindly request that you provide the full reimbursement of my accrued vacation time within [mention a reasonable timeframe, e.g., 10 business days] from the date of this letter. Please issue the reimbursement in the form of a certified check made payable to [your name]. Failure to comply with this request will leave me with no choice but to escalate the matter further, seeking legal advice and potentially filing a complaint with the appropriate authorities, including the North Dakota Department of Labor. I trust that it will not come to this, and we can resolve this matter promptly and amicably. I have faith in your commitment to upholding labor laws and maintaining a fair and respectful working relationship. Furthermore, I anticipate a positive response regarding the reimbursement of my accrued vacation time. Thank you for your immediate attention to this matter. Please feel free to contact me at [phone number] or [email address] to discuss further or arrange the reimbursement. Yours sincerely, [Your Name]
North Dakota Sample Letter for Demand - Reimbursement of Accrued Vacation after Termination
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FAQ
In California, employees can cash out vacation time when discharged, or while still working. Once vacation time is accrued, it is owed as wages. Because vacation time is a form of wage, the worker is entitled to it upon discharge.
No federal or state law in North Dakota requires employers to pay out an employee's accrued vacation, sick leave, or other paid time off (PTO) at the termination of employment.
When employment ends, employers have to pay their employee for any unused annual leave they've accumulated during their employment. The annual leave payment has to be the same amount that the employee would have received if they'd taken the annual leave during their employment.
You might lose your holiday if you haven't given enough notice to take your remaining holiday before the end of the leave year. You can ask for it, but your employer doesn't have to let you take it.
As part of an employee's final pay, any unused annual holiday entitlements and alternative holiday entitlements must be paid to the employee. This applies to employees who have retired, been terminated, made redundant, or resigned for any other reason.
No use-it-or-lose-it policies permitted. Under California law, vacation is treated the same as earned wages and vest as the employee performs work. Because vacation is earned proportionally as the employee works, policies requiring employees to lose vacation already earned is illegal under California law.
Does unused vacation time carry over? The Employment Standards Act requires that employees take their vacation time within 10 months of the end of the vacation entitlement year in which it was earned. This means that vacation time cannot be carried over.
If you haven't taken all of your legal holiday entitlement during your holiday year, your employer may allow you to carry over the leftover days to the next holiday year.
If an employee has unused accrued PTO when they quit, are fired, or otherwise separate from the company, they may be entitled to be paid for that time. Around half of the 50 states have statutes that require companies to pay out employees' unused PTO when the employment relationship ends.
No use-it-or-lose-it policies permitted. Because vacation is earned proportionally as the employee works, any type of policy requiring employees to lose vacation that has already been earned is illegal under California law.
