Am I entitled to ub and vacation payout

[AMG1231]

I live in NY. I recently became unemployed due to my former place of employment screwing me over. I have worked there for three years, have all good evaluations, was even employee of the month last year. I decided to further my education. I gave my job a two month notice asking for a change in schedule whether it be part time, or full time overnights. I was told one thing, but it was never confirmed. After a little over a month of wondering what was going on with me, I was finally able to feel relieved in knowing that I was going to be doing a temporary overnight shift until a permanant male canidate was found for it. I was also told it was going to be opened for months and months and I would be given a two week notice once they found a male for it. That being said, two days before I was suppose to start that shift and begin classes, my supervisor told me they have someone for it. Unless I worked it out full time during the day they could not do anything for me. They knew I could not work full time day hours. I was handed a goodbye card previously signed by my former coworkers prior to me knowing I was not doing that shift anymore. I was also told because I did not give a two week notice I am not getting paid my vacation. They are fighting unemployment.

 

[swalsh411]

What is your employer's policy on vacation payout upon termination?

If you can't work full-time day shift, I wouldn't count on getting approved for unemployment.

 

[AMG1231]

They are stating they can't help me because I did not give a two week notice. I think there is confusion as to why I am no longer working there with higher up management. I explained what happened. The shift I was changing to, and how it was pulled from me at the last minute but they seem to not want to hear it. They just keep saying I did not give two weeks, eventhough they knew from the beg of dec when I decided to go back to school that I had no intentions of leaving my job.

 

[swalsh411]

Ok let's try this again.

Does your employer have a documented policy on leave payout?

If they do and it says you must give two weeks notice, when did you tell them you were resigning?

This is from the NY DOL

Q: When an employee resigns -- or is discharged -- from a job, is the employer required to pay the employee for any accrued, unused vacation time?

A: Whether an employer is obligated to pay for unused time depends upon the terms of the vacation and/or resignation policy. New York courts have held [in Glenville Gage Company, Inc. v. Industrial Board of Appeals of the State of New York, Department of Labor, 70 AD2d 283 (3d Dept 1979) affd, 52 NY2d 777 (1980)] that an agreement to furnish benefits or wage supplements, such as vacation, can specify that employees forfeit accrued benefits under certain conditions. To be valid, the employer must have notified employees, in writing, of the conditions that nullify the benefit.

If an employee has earned vacation time -- and there is no written forfeit policy, the employer must pay the employee for the accrued vacation.

 

[commentator]

It sounds like you made your plans first. Then you informed your employer what your plans were, and demanded, or strongly requested they accomodate you with shift changes. So is requesting a shift change (or I'll quit) the same as giving notice? They'll decide that when deciding to pay out your vacation time.

As for unemployment insurance, they will say you voluntarily quit your job to begin school. You essentially ended your relationship with the employer by giving them an ultimatum, that they either give you a different shift that accomodates your new schedule or you would quit. In most cases, this comes across as you making a personal choice, not a valid work related reason to quit your job. Some states' unemployment systems are more lenient than others about personal choices. But it doesn't sound real likely you'll be approved.

That you are not able and available for full time work is going to come up between you and the unemployment office. They'll have to give you a decision about it.