My husband was terminated and his employer is refusing to pay him his vacation/sick time.

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My husband was terminated and his employer is refusing to pay him his vacation/sick time.

My husband gave his employer a 2 week
notice on a Thursday. The next day he was
approached and asked if he still planned on
leaving. When his reply was yes he was told to
clean out his work vehicle he was no longer
needed. His employer is now saying he quit
even though he gave notice. He has been with
the company a long time. At the beginning of
ever year he gets 2 weeks paid vacation. He
was let go halfway through March. Now the
employer refuses to pay him saying he doesnt
owe him anything. Thoughts???

Asked on April 10, 2019 under Employment Labor Law, Nebraska

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your husband can sue his employer for breach of contract / account stated. His damages (monetary compensation he is seeking in his lawsuit) would be the amount he is owed.
Depending on the amount of damages, it may be possible to file the lawsuit in small claims court.
Upon prevailing in the case, your husband can also recover court costs which include the court filing fee and process server fee.


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