Can I sue my employer for lying about termination my date to keep from paying me the vacation days that I requested to use?

UPDATED: Oct 1, 2022

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Can I sue my employer for lying about termination my date to keep from paying me the vacation days that I requested to use?

I called in sick on a Wednesday and Thursday. The next day, my boss sent me home to get a doctor’s note for the days I missed. I went to HR and asked to use the vacation time that I have accrued for the days I was out. The following Monday I bought my doctor’s note in as requested but my boss threw it in the trash and sent me home. On Tuesday he told me to go to HR and I was fired. When I received my last check the sent a termination letter that said I was fired on the first day that I called in, so they did not pay me for the accrued vacation days that I requested to use.

Asked on February 22, 2019 under Employment Labor Law, Tennessee


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you had requested to use vacation days you had accrued prior to the termination of your employment, you should have been allowed to use them (and so should have been paid for them). You can sue the employer for the pay; if you (as the person suing) can convince the court that you requested their used prior to the termination or end of employment, you should be able to get a court judgment that you be paid for them. Likely, the most cost effective (and quickest) way to proceed is to sue in small claims court on a "pro se" basis (as your own 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 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.

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