Upon separation of employment, wages earned prior to separation become due and payable on the next regular payday on which such wages would otherwise be due and payable. If requested by the employee, payment must be made by certified mail. In the event of a dispute over the amount due, the employer must pay the undisputed amount without condition within the time limits specified.
Any employee, group of employees, labor or organization or party to whom any type of wages are payable may bring a civil action to recover the amount due. The Department of Labor and Industry also has the right to investigate and institute a civil action on behalf of aggrieved employees. Wages include vacation and other fringe benefits accrued and owing to the employee by virtue of the employer’s policy or an employment contract. Note that the law does not itself create substantive rights to payment of accrued vacation or other benefits upon termination, but simply provides a statutory remedy for failure to pay promised benefits.
7. How should last wages be paid to a deceased employee?
Under certain circumstances, Vermont law allows employers to pay to the surviving spouse or children of a deceased employee (or to the employee’s estate) the last wages and other benefits due the deceased employee without a court order.
Workers’ Compensation Issues If a worker sustains a job injury or a work-related illness, the Vermont Workers’
Compensation Act (Act) provides for medical expenses and, in the event the employee is unable to work, wage-loss compensation benefits until she is able to go back to work. Additionally, death benefits for work-related deaths are paid to dependent survivors. No compensation shall be paid when an injury or death is intentionally self-inflicted, or is caused by an employee’s violation of the law including, but not limited to, the illegal use of drugs. An injury or death caused by intoxication also may not be covered.
Benefits are paid by private insurance companies (also includes third party
administrators) or the State Workers’ Insurance Fund (a state-run workers’ compensation insurance carrier) or by employers themselves if they are self-insured.
Additional information regarding workers’ compensation benefits can be obtained
online at
www.labor.vermont.gov and use the Quick Link to “Businesses” then “Workers’ Compensation.”) or through the following:
E-mail:
kristina.bielenberg@
state.vt.us (Supervisor) Phone: 1-802-828-2990
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