fired 3 questions?

[tmorris2]

What is the name of your state? pennsylvania

I was fired, I just applied for short term disability, and was not given my vacation pay, also my position was posted on an external job website five days before I was terminated. Is this legal?

 

[Beth3]

Pennsylvania requires that final wages include vacation pay.

As to your other questions, there's not nearly enough information to offer an opinion whether the company acted lawfully.

 

[cbg]

Beth, I'm sorry, but I disagree. Unless the law has been changed in the last 14 months, PA does NOT require that vacation be paid out at termination unless there is a company policy to that effect. I have that direct from the PA Dept of Labor and Industry last year. Basically, PA requires that you follow your policy, whatever it is.

 

[hexeliebe]

also my position was posted on an external job website five days before I was terminated. Is this legal?

As to this part of your question, it really doesn't matter at all that the position was posted before your termination. Unless you can prove the company lied about the reason for terminating you it has no affect. And only then for Unemployment Compensation, not for any legal basis unless you were fired for a reason protected by federal law such as race, religion or other.

 

[Beth3]

cbg, according to my info from you-know-where, it states "Pennsylvania: Final wages include vacation pay, when an employer agrees to provide vacation pay under a company policy or practice." Guess they got it wrong.

 

[cbg]

It's that "when an employer agrees to..." business. If an employer has NOT agreed to provide it under company policy, then final wages do not include vacation pay. Basically what it's saying is that if there is a company policy to the effect that vacation will be paid out, then it must be included in the final check. But if they haven't agreed or contracted to pay it, they don't have to.

 

[Beth3]

I think that sentence can be interpreted either way, cbg. Either: (1) If an employer elects to provide a paid vacation benefit, then earned but unused vacation must be paid out upon separation, or (2) If an employer's policy or practice dictates they pay vacation upon separation, they they must do so consistently.

Since you got the word direct from PA's DOL, I'm sure your interpretation is the correct one.

 

[cbg]

I will agree that the wording you-know-who used is a bit misleading. But the Department of Labor and Industry was pretty specific when I asked the question.

 

[Beth3]

I believe ya.