The answer depends on factual issues. If the vacation pay is earned as part of a compensation package, it is yours, even if it is on a "use-it-or-lose-it" basis, so long as you cash it in or use it in accordance with the policies that existed at the time you earned it. If it is gratuitous -- merely a gift from the employer -- you have no right to enforce use or payment of it. Second, assuming the company really did miscalculate and you are really in the hole instead of 38 hours ahead as...