Layoff – Legal to pay 1 employee vacation time and not the other?

UPDATED: Oct 1, 2022

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Layoff – Legal to pay 1 employee vacation time and not the other?

I was recently laid off due to my position being downsized from 3 Operations Managers, down to 2. When this happened, another salaried employee was laid off also. I was told I had 2 weeks, and when I requested to use some of my accrued vacation time 63 hours, I was told that isn’t possible. Come to find out, they allowed the other person to use all 3 weeks of vacation before the last day. Is this legal, and should I pursue legal action?

Asked on November 9, 2017 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It is legal. Employers are not required to pay out vacation time on termination unless they had a firm written policy of doing so (or unless you had a contract guarantying you the vacation in that circumstance). Because they are not required to do so, it is discretionary on their part whether, when and whom to pay--they may legally pay one employe  but not another.

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