Is it legal to withold pay for accrued vaction time?

I have given 2 weeks notice to my employers that I am leaving.  I have been told that I will not get paid for the vaction time I have accrude and would have been entitled to take and be paid for if I were not leaving.  I have also been told that if I try to use the leave as part of my 2 weeks notice, I will not be paid.

Is this legal under Federal or Florida employment laws?

Can they refuse to pay me when the terms of employment state that I have earned the vaction time due to me?

I believe that in FL you are NOT entitled to any accrued vacation time as a general rule.

Now if you are entitled to take your vacation at any time --I suppose you can do so--and they may just terminate you --and they can cut off vacation pay as well if they do so but hey, you are entitle to try?

Do you have a new job or are you merely leaving.

Is this legal under Federal or Florida employment laws?   Yes.  Neither federal nor Florida laws require the pay out of vacation upon separation.

It is legal under both Federal and Florida laws. Nothing in the law of any state requires that you be paid for time you did not work (even if you are an exempt employee, you do not have to be paid for time you voluntarily take off for personal reasons) no matter how much vacation time you may have available. Florida is not one of the very few states that considers vacation time to be earned wages. Neither Florida nor Federal law requires that unused vacation be paid out at termination.

Thank you for the replies I appreciate it.

Drew:

Yes I have another job.  I'm only leaving this one because I'm not allowed to do my job!  I'm employed as a manager, but I do the same everyone else I'm supposed to manage and I have a district manager who is a compulsive "micro-manager", so basically I'm over-ruled on just about everything and all "managerial" decisions have to be "cleared".

The company I'm about to leave seems to constantly push the envelope where the FLSA is concerned - hence the growing number of class actions against it - may also explain why they dropped fron 4th to 26th on the Forbes list of "great companies to work for" - having looked at the Forbes assessment criteria, it seems wildly out of touch with reality!

Thanks again for the clarification on the vacation pay.

Drew:

 Don't feel to bad,I was let go from my former job 4 hrs before my vacation would have started and didn't get paid for it either. In hindsight I bet you wish you would have taken your vacation before you gave notice. You'll know better in the future if the situation ever comes up again. Good luck with the new position...hope it's better than the last.

I took a weeks vacation and came back on monday when they told me I was laid off. Then they said I was not going to be paid for my vacation. I our company you can take up to 40 hours in advance(which is what I did) when they pulled this on me. What can I do?

also they said we laid you off on friday thats why we are not paying you for vacation time but didn't tell me til monday although they have my numbers to call me on.I also have a company vehicle but they waited til monday to take it back.

Well, me, I'd file a wage claim on that one!  You were not fired until Monday .

Laid off but all in all the same

There is no law that is going to force the employer to pay for vacation, even if already approved and taken.  Filing a wage claim with the federal DOL is futile.

And the next time, OP, please start your own thread.