• 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.

Question concerning end of employment/promised pay-out

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

mva5580

Junior Member
Currently employed in Illinois. I'm hoping I describe enough of my situation here, if any more information is needed please let me know and I'll be happy to comply.

At the beginining of February, I informed my employer I would be moving. They preferred that I give them advance notification of when I might be quitting, so I did. I told them that my last day of work would be April 22. I sent an e-mail to the HR manager and my specific manager informing them of this. I received an e-mail (the same letter also via post office) back from the HR manager stating that "due to the company's needs" my actual last day of employment would be April 1, but they would continue to pay me until April 22. They would also pay me for any unused and accrued vacation for the current year. The letter has the VP's name of the company on it at the bottom. The e-mail was copied to him, the Director of Operations, and my specific manager.

My question is, is this binding? Does this require them to pay me as it states? I get this feeling that they want to get out of it, just from typical office rumbling. From what I have heard, the VP and the Dir. of Op. act like they don't even know this is the plan, even though they received this e-mail over a month ago. Can they weasel their way out of it, or am I safe? Thank you to ANYONE who can reply and help me out a bit.
 


cbg

I'm a Northern Girl
As we are CONSTANTLY reminding people (no offense - I know you haven't asked the question before), we cannot interpret the enforcability of a document we have not read.

I can tell you that the law does not require them to pay you after April 1 if that is your last day of work. However, many companies do so voluntarily as a courtesy. I would imagine, though I can't say for certain without seeing the document, that their putting it in writing would place a certain amount of responsibility on them.

In Illinois, payout of vacation time at termination is to all intents and purposes mandatory. Illinois is fairly employee-friendly in this regard. My guess (and that's all it is - a guess) is that if they were to fail to pay you as indicated and that you were to take that document to the IDOL, the IDOL would require them to honor it.
 

mva5580

Junior Member
The language of the letter is as follows. Quote:

"Due to the company's needs we are informing you we will accept your resignation for April 22, 2005 but will end your employment as of 4/1/05. We will continue to keep you on the payroll until April 22, 2005.

A final check will be mailed on April 29th, 2005 and will include any un-used 2005 vacation and accrued vacation time."
 

pattytx

Senior Member
I still agree with cbg, after reading your response. Putting it in writing may help you. Since actually they are doing more than required (as far as keeping you on the payroll and continuing to pay you through your original resignation date), anything you get after that is gravy, at least legally.

Having said that, however, your accrued vacation is not an optional issue; legally, they are required to pay that at termination.
 

Find the Right Lawyer for Your Legal Issue!

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