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Massachusetts treats accrued, unused vacation as wages: it must be paid at separation. A policy can cap accrual going forward, but it cannot erase time already earned.
The practical question is not whether your employer has a policy — most do — but whether that policy actually forfeits earned time, and whether it was communicated before you earned it.
A demand letter fixes three things at once: the amount, the date each item was due, and the date the employer was on notice. Every forum that can help you — the Massachusetts Attorney General — Fair Labor Division, a small claims judge — starts from those three facts. The letter is built from Mass. Gen. Laws ch. 149, §§ 148, 150 and your own figures, so the deadline it states is the one that applies to your separation, not a generic thirty days.
If the amount fits inside $7,000, small claims court is usually faster than an agency queue; if it does not, the agency route and a demand first is the cheaper path.
Massachusetts treats accrued, unused vacation as wages: it must be paid at separation. A policy can cap accrual going forward, but it cannot erase time already earned.
A forfeiture has to come from a policy that applied while the time was being earned. A policy introduced at separation, or applied only to departing employees, is the weakest version of the argument and is worth challenging in writing.
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Reviewed 2026-11-03 against the sources listed on the Massachusetts page. This is a self-help document tool, not legal advice, and no outcome is guaranteed.