My question concerns Ohio Labor law.
My labor contract reads:
"Employees will earn vacation based upon their longevity and will be eligible to receive vacation on a calender year basis in accordance with the following:
Longevity: After two years Annual vacation: 2 weeks.
If employment is terminated after having been paid vacation not yet earned, the employee will have the unearned vacation pay deducted from his final paycheck."
I resigned two months before my anniversary, but I had already taken (been paid for) all the vacation that I would have earned at that anniversary (As described in the last sentence quoted from the contract.)
For complicated reasons I did not receive a final paycheck (this is in dispute also) so the employer could not deduct this pay.
Now that employer wants that vacation pay returned without giving me credit for the 10 months of the year that I did work there.
In other words, the employer is unwilling to prorate vacation pay according to longevity.
Is this legal?
My labor contract reads:
"Employees will earn vacation based upon their longevity and will be eligible to receive vacation on a calender year basis in accordance with the following:
Longevity: After two years Annual vacation: 2 weeks.
If employment is terminated after having been paid vacation not yet earned, the employee will have the unearned vacation pay deducted from his final paycheck."
I resigned two months before my anniversary, but I had already taken (been paid for) all the vacation that I would have earned at that anniversary (As described in the last sentence quoted from the contract.)
For complicated reasons I did not receive a final paycheck (this is in dispute also) so the employer could not deduct this pay.
Now that employer wants that vacation pay returned without giving me credit for the 10 months of the year that I did work there.
In other words, the employer is unwilling to prorate vacation pay according to longevity.
Is this legal?