Can I get my vacation pay if I give two weeks notice?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I get my vacation pay if I give two weeks notice?
I signed a handbook that states that if I’m fired
or if I quit no vacation pay accrued is paid? But
so did a lot of others and the owners paid their
vacation/sick time out. They are refusing to pay
mine. Do I have a leg to stand on?
Asked on July 28, 2016 under Employment Labor Law, Kentucky
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
First of all, your employer's vacation policy as stated in the company handbook is legal. Further, they way in which it is applied may also be legal. It depends on just why your are being treated differently than others. Did the refusal to pay out your accrued vacation time violate the terms of an employment contract or union/collective bargaining agreement? Did it constitute some form of legally actionable discrimination? In other words, was it due to your race, religion, nationality, disability, age (over 40), gender or the like? If not, then treating some workers more or less favorably than others is legal. The fact is that not all employees need be treated the same or even fairly. In "at will" work relationships, a company can set the terms and conditions of employment much as it sees fit. To be certain of your rights, you can contact your state's department of labor for further information or consult directly withan employment law attorney.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.