Comments on: Fired employee wins suit over unused vacation

By: Patty

Patty — Mon, 05 Oct 2009 18:46:55 +0000

One word……..Handbook!!!!!!!!!!!!!!!!!!

By: Patrick

Patrick — Tue, 29 Sep 2009 15:58:47 +0000

Our vacation policy states vacation is EARNED during the year (Jan. to Dec.) for every full month worked. So if their seniority would allow them to earn 3 weeks of vacation then each month they earn 1.25 days of vacation. If they leave after 6 months they would have earned 7.5 days of vacation. Regardless of whether they resigned, got laid off or were terminated they would receive the balance of any earned but not used vacation. Because we allow employees to take up to 1 week of vacation prior to earning, the reality is in most cases I have to tell them that they have used more vacation than what they have earned so that time will be removed from their last paycheck. It does add some sting to the exit interview but it seems to be the most fair approach to a vacation policy.

By: ABW

ABW — Mon, 13 Jul 2009 14:08:19 +0000

See Lucy – that’s why companies think they can get away with breaking the law. They never think an ex-employee would sue for a mere $1,800. I am sure the employee recouped his legal fees and the company learned an expensive lesson.

By: Lucy

Lucy — Fri, 10 Jul 2009 16:45:06 +0000

$1800 is a nice chunk of change but with the attorney fees incurred, would it really be worth it?!

By: LB

LB — Thu, 09 Jul 2009 21:06:47 +0000

As laws are different in every state, company policies are also different with each company. So unless your Legal Dept works with the State and the company words it correctly and accurately in their policy, more than likely the former employee may win during a lawsuit.

By: Patty

Patty — Thu, 09 Jul 2009 20:13:12 +0000

That’s why it’s so important to have an employee handbook and to have the employee sign off on receiving it and understanding it.