• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

entitled to vacation pay?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

L

lizajane

Guest
What is the name of your state? Oklahoma I was fired last week for in my boss' opinion "too many mistakes". He did give me two weeks severance pay that he did not have to do because it is not in our office policy. I have a little under 2 weeks vacation that I did not use and I think he owes me for this too. Am I right? Can he take back my severance pay if I start asking for more money?

Any help is appreciated and if you need more information, let me know.
This is a small office with around 10 employees. :(
 


cbg

I'm a Northern Girl
In Oklahoma, vacation pay is only due the employee on termination if there is an established policy of paying it or an agreement between the employer and employee that it shall be paid. The law does not require that vacation pay be paid on termination otherwise.

Severance pay is not required by law, so yes, technically he could take it back if he was annoyed enough. That's usually frowned on by state DOL's, though.
 
L

lizajane

Guest
Oklahoma Thank you for your information, what is a DOL?? Where can I find the law or something I can print once I check the office policy. Thank you again for your help.
 
Last edited:

cbg

I'm a Northern Girl
DOL stands for Department of Labor. They oversee, among other things, any wage and hour issues.

I am unable to locate a statute number describing what must happen to vacation pay at termination, which means that it is probably established by case law. Although my sources generally provide the case name in that instance, this time they did not.

The following is a fine-line distinction, but it is going to be very important to you. I have checked several sources, all of which agree to the following:

1.) If there is an established policy or an agreement between employer and employee saying that vacation time will be paid on termination, then vacation time must be paid at termination;

2.) If there is an established policy to the effect that vacation time will NOT be paid at termination, then vacation time need not be paid at termination. If the policy states that vacation pay will be paid when x happens but not when Y happens, then it must be paid when x happens and need not be paid when y happens.

However, none of my sources are clear as to what happens when company policy is silent on the issue. One source implies that vacation time MUST be paid unless there is a policy saying it won't; another source implies that vacation time NEED NOT be paid unless there is a policy saying it will. As you can see, in the absence of a written or commonly followed policy that can be very important.

My suggestion would be that if you find that there is no written or established policy one way or the other, you contact the state DOL and ask them for clarification. The phone number is 1-405-528-1500 ext. 200.
 

mistoffolees

Senior Member
DOL stands for Department of Labor. They oversee, among other things, any wage and hour issues.

I am unable to locate a statute number describing what must happen to vacation pay at termination, which means that it is probably established by case law. Although my sources generally provide the case name in that instance, this time they did not.

The following is a fine-line distinction, but it is going to be very important to you. I have checked several sources, all of which agree to the following:

1.) If there is an established policy or an agreement between employer and employee saying that vacation time will be paid on termination, then vacation time must be paid at termination;

2.) If there is an established policy to the effect that vacation time will NOT be paid at termination, then vacation time need not be paid at termination. If the policy states that vacation pay will be paid when x happens but not when Y happens, then it must be paid when x happens and need not be paid when y happens.

However, none of my sources are clear as to what happens when company policy is silent on the issue. One source implies that vacation time MUST be paid unless there is a policy saying it won't; another source implies that vacation time NEED NOT be paid unless there is a policy saying it will. As you can see, in the absence of a written or commonly followed policy that can be very important.

My suggestion would be that if you find that there is no written or established policy one way or the other, you contact the state DOL and ask them for clarification. The phone number is 1-405-528-1500 ext. 200.
The key seems to be the 'established policy' part. I'm in the same boat - my ex-employer just told me that they're not paying about 8 weeks of vacation pay I had accrued. However, in every case I know of in the past, the employee has received his vacation pay whether the company terminated him or he quit and gave notice. I don't remember, but I think we even gave the vacation pay if they quit without notice, but I'm not sure.

I'm going to argue that the fact that they paid it every time it came up in the past in similar circumstances means that it's an established policy.

I didn't have a copy of the employee manual and they are refusing to provide me with one. I believe that makes the manual unusable for them, but again, I'm not sure. Is that correct?
 

cbg

I'm a Northern Girl
Are you in Oklahoma like the OP of four years ago? This law is extremely state specific.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top