What can I do if unused vacation time was not paid at termination despite a termination letter that stated it will be paid?
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What can I do if unused vacation time was not paid at termination despite a termination letter that stated it will be paid?
My former employer terminated my employment after 5 weeks. My employment offer stated salary and amount of vacation days, nothing else. My first and my last paychecks state available vacation days same as on my offer. My termination letter states that any unused vacation time will be paid. When contacted, employer refused to pay my unused vacation time stating that I was verbally told that I will be legible for vacation from January 1st and that they will stick to their verball commitments. Is this considered a breach of contract?
Asked on May 29, 2018 under Employment Labor Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
A termination letter is not a contract: in a contract, for it to be enforceable, *each* side must give the other side something of value. But if your employer terminated you and simply gave you a letter stating what they might or at the time expected to give you, that is not a contract because they are not receiving anything of value in return. Since the termination letter would not have formed an enforceable contract, the employer is free to disregard it and not pay out your vacation.
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