My separation agreement states that the company will pay you all accrued but unused vacation time earned by you through the Separation date. The employer is stating that because I was laid off 2 weeks before I could use my vacation that they will not pay the accrued time. Also, they say that this sep agreement is different from the company policy agreement and that they must use the company policy agreement.
Please advise. Thanks.
2007-08-07 09:35:16 · 12 answers · asked by mskarmelbrown 2 in Business & Finance ➔ Careers & Employment ➔ Other - Careers & Employment
Yippeee. I kept fighting it...did some research. Thanks to you guys!!! I am getting 2 weeks severance and 5 vacation days.
Cheers!
2007-08-09 15:48:38 · update #1
Sounds like you have a case against them. They're wrong in that policy trumps a legal separation agreement (I hope the separation agreement is in writing and is signed by someone in authority). If there's substantial money involved, I'd recommend contacting the Labor Department of the state in which you reside for assistance.
2007-08-07 09:38:30 · answer #1 · answered by acermill 7 · 0⤊ 0⤋
It appears that you are not entitled to the vacation time because you did not get to the date needed to earn that time and in that case the company is correct.The separation agreement would have been valid if you had reached the date needed for you to earn your vacation time, since you were separated before you reached that date the company does not have to pay you something you did not earn.You might have a lawyer check on why you were laid off and go from there..........
2007-08-07 09:39:07 · answer #2 · answered by sirmrmagic 6 · 0⤊ 0⤋
i agree with what sirmrmagic said.... it looks as if you were let go prior to the agreement of when your vacation time becomes eligible. you are allowed to have copies of your documentation that you signed from when you were first hired in the first place. if you do not have the paperwork already, you should get a copy from your emplyer. read the "fine print". it will explain your situation in writing, and can build a case if the company is wrong. Always read the fine print.
ps...i don't agree with bulls comment about the sueing them with false claims of harrassment, and such. they could put thier big-wig lawers against you, and sue you for defamtion of character, thus leading you into a hole deeper than you think you are already in!
2007-08-07 09:49:33 · answer #3 · answered by king_tots 4 · 0⤊ 0⤋
California is the only state that required unused vacation to be paid. In the other states, it's up to company policy. Add'l Info: Utah vacation does not need to be paid out. In Utah the only law associated with vacation pay is IF the company provides vacation, the company cannot provide it in any discriminatory manner.
2016-05-21 01:04:45 · answer #4 · answered by ? 3 · 0⤊ 0⤋
I hate when they do stuff like this. I'd get really nasty with them (they deserve it). Tell them you are giong to sue them for the vacation time (call a lawyer and have them write a letter if you need but try some other stuff first).
If you feel up to it, tell them you feel like you were sexually harassed while you were there and you are considering suing them for that too. Tell them you feel like you were discriminated againist (if you are a minority or female - this one won't work for white guys) and are considering suing for that too. I'd get really nasty with them as this stuff really annoys me. Note you are burning your bridges here, so don't expect much of a referral, but scare them a bit and they'll come up with the money fast.
You see the thing here is you probably have a winning case, but they know that it will cost you a fair amount of $$$ to litigate it and so they are not to worried. Scare them a bit and act like you are going to sue them and they should come up with the money (which they owe you anyhow).
Note that if they still (incredibly) refuse to pay you, you may not want to sue them as doing this may cost more than the money you would get (and I would not truly sue them for anything but the $$$ - the other stuff is just to scare them). If they still refuse, consult a lawyer but you may just be out of luck. Still, scare them and I can't believe they won't just pay you to be done with you.
2007-08-07 09:46:31 · answer #5 · answered by Slumlord 7 · 0⤊ 0⤋
I agree your company probably did try to avoid paying you the vacation. I would file a complaint with the state labor board telling them what you told us.
2007-08-07 09:37:57 · answer #6 · answered by hirebookkeeper 6 · 0⤊ 0⤋
File a claim with your state's labor board.
I had to do this a year ago and I won my claim easily. I was paid my money on the spot.
2007-08-07 09:48:47 · answer #7 · answered by Mel 4 · 0⤊ 0⤋
Schedule a free consultation with a lawyer. They will be able to advise you on how likely you are to win a case like this.
2007-08-07 09:38:16 · answer #8 · answered by trippystemny 4 · 0⤊ 0⤋
I think the Gov has an agency to help with that sort of thing
2007-08-07 09:38:18 · answer #9 · answered by Anonymous · 0⤊ 0⤋
They can't change rules to suite themselves. Tell them that you plan on calling your local labor board to lodge a complaint, if they still won't pay, follow through.
http://www.nlrb.gov/Workplace_Rights/i_am_new_to_this_website/can_the_NLRB_help_me/
2007-08-07 09:39:08 · answer #10 · answered by slushpile reader 6 · 0⤊ 0⤋