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New Jersey treats earned, unused vacation as wages: it must be paid at separation unless the employer's written policy clearly provides otherwise.
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 New Jersey Department of Labor — Division of Wage and Hour Compliance, a small claims judge — starts from those three facts. The letter is built from N.J.S.A. 34:11-4.3; § 34:11-4.10 (liquidated damages) 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 $5,000, 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.
New Jersey treats earned, unused vacation as wages: it must be paid at separation unless the employer's written policy clearly provides otherwise.
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 New Jersey page. This is a self-help document tool, not legal advice, and no outcome is guaranteed.