Voluntary Termination and Vacation?

What is the name of your state? West Virginia

I live in Ohio and work in West Virginia. I am a full time employee that had two weeks of vacation. Last year (2004) I could not use the full two weeks due to the crazy workload and it was agreed by the boss and payroll that I could carry over the three unused days from last year to use in the first quarter of this year (2005). The employee manual has a section on vacation that states "If your service is terminated voluntarily or otherwise, the Firm is not obligated to pay for any unused vacation or sick days." I turned in my resignation on January 18th, and am obligated to work out the final two weeks. However, this employer is not granting me any vacation time and will not pay the two weeks plus three days that I was set to receive this year.

Is this legal? There is a place in the back of the employee manual that the employee is supposed to sign. I have NEVER signed this and do not agree with some things that are listed in this manual. How do I proceed to get paid for may vacation time when he doesn't include it on my final check? Do I have a case?

Thanks.
Dan

According to my information, in WV they are required to pay you unused vacation time at termination. However, how much they are required to pay you will depend on the company's accrual process. They are NOT necessarily required to pay you the entire amount you would have accrued in 2005. They MAY only have to pay you the three days left over from 2004, plus whatever you would have earned in January; in fact my best guess is that this is all you will be due. Contact your state DOL for confirmation and assistance.

Whether you did or did not sign the employee manual has no bearing whatsoever on whether you are subject to it. Signing the manual shows that you have been notified of the company policies. Failing to sign it does NOT exempt you from following them.

In this particular instance, it is not because you failed to sign the manual that they will have to pay your vacation time; it's because the manual is in contradiction of state law. If the policy in question were within state law definitions, you would be subject to the policy regardless of whether you signed it or not.