Is it legal to layoff an employee during their vacation?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is it legal to layoff an employee during their vacation?

My wife was laid off last week while she was on vacation.

Asked on January 17, 2012 under Employment Labor Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, an employee may be laid off or terminated while on vacation--there is no law preventing or prohibiting this. Depending on your state, on company policy, and on any agreement(s) between your wife and her employer, she may be entitled to be paid out for all remaining unused vacatio days--and very likely should at least be paid out for the remaining days of this scheduled vacation--but that does not prevent  her from being terminated, unfortunately.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption