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Fired after 5 years**************....

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sg08

Junior Member
What is the name of your state? New York

I was employed for 5 years. During this time there were several layoffs due to finances. There was a recent one that impacted my position with the company. My job duties were added to due to the layoff. I had to answer the phones for half of the day and still continue my marketing responsibilities. I wasn't thrilled but I had a job. I was spoken to about being a team player (that came from the fact that I had said I am not unloading the dishwasher each morning). So I had a smile on my face and even though I was working on my marketing efforts while answering the phone (constant collection calls) I looked and smiled at all that walked through the lobby. Last week I caught a rock in the windshield. I sent an email to work advising them of the situation and that I would be unable to make it to work. The following day I showed up and was told I didn't have to answer the phones as they had a temp. So I continued on the my job. At 4:15 PM I was called into the conference room to be advised that I was being let go. I was told that we told you one strike and you are gone and that was your one strike. You should have taken a bus or cab to work and glass places are open on Saturday's. I told them that they were not open on Saturday's and was told yes they are I have a friend that owns one. I was also told that I was doing my job with a smile on my face but was not happy about it. Can you get fired for a broken windshield? I contacted them and also made note that I would be taking personal time for it. I realize that a severance package is optional but what about vacation time? I was told it was being pro-rated and that I would not get it. I had @ 2 weeks of vacation. Let me know what you think.
 


cbg

I'm a Northern Girl
In NY, whether or not vacation time is due at termination is subject to company policy. However, it is a little different from that of most states in that vacation time is due UNLESS a company policy says it will not be paid.

So you will have to look at the company policy.

BTW, no state requires that you be granted all the time you would have earned had you continued working; even the most rigidly employee-friendly states only require that you be paid whatever you have earned on your last day of work. This is true even when an employer allows you to borrow time you have not yet accrued. So pro-rating is almost certainly legal.
 

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