Vacation Pay

[Al Iglesias]

What is the name of your state? FL

Hello everyone and my friend Beth:

One of my clients (a printing company) called me today (I am a Quickbooks consultant and degree accountant) and asked me about an employee (with company for 5 years) was found 1 block away working at another printing place last Friday!! He called in sick a couple of days recently and apparently has been working at the other company... a competetitor. He has no contract to speak of and when caught admitted it and signed a document stating that in fact and was terminated Friday. For 2003 he had 2 weeks vacation eligability. He is now asking for the balance about 4 - 5 days. The company doesn't have strict rules or company policy on vacation (earned accrued monthly vs automatic) etc. and they don't know if they should pay him.

Personally I don't think he deserves any but you guys are the experts.

Al in Tampa, FL

 

[cbg]

According to one of my sources, FL has no statute requiring the payout of earned vacation on termination. A second source agrees that there is not statutory requirement, but quotes case law that indicates it should be paid out unless there is an agreement to the contrary.

So my advice would be to follow what you have done in the past. If you've paid it to others, pay it to him. If you've never paid it in the past, don't pay him.

Then write yourself a policy and stick to it.