Accrued vacation and sick time

[David O. Jadinak]

If a person is terminated from a company due to 'performance reasons' and the individual has accrued vacation days and sick days year-to-date, is the company required to pay the individual for the unused vacation and sick days? The company states in their employee handbook that all unused vacation and sick time is forfeited if the the employee is terminated due to performance reasons. The employee works in a branch office located in Minnesota. The corporate office is located in Texas. Does the company's handbook supercede state statute?

Thank you.

 

[wowie]

I am not an attorney. . .

Probably the handbook supercedes the state statute. Particularly if he/she signed something stating that they read the handbook. Unfortunately if that's what the book says. . . that's why they pay lawyers the big bucks to write the handbook for them. . . to get out of cases like your friend's