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Vacation Pay...

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NYBLU

Junior Member
What is the name of your state (only U.S. law)? NY

My husband was recently fired from his job after 6-months. They completely misrepresented the job, by luring him into it by promising that this would be a technical managerial position. Little did he know the person he was supposed to replace, was in the position and did not leave the company. So, he was in a junior position with no hope of getting to this promised role. Anyway, I don't know if that has any bearing on it, and I understand it at-will termination.

They decided he wasn't a "fit" for the company, even though he never was in the position he was meant to be in. When he boarded the company, he was given 3-weeks vacation - which he never took.

Upon termination (3-days prior to exactly 6-months), he requested his vacation pay, and the HR told him that he did not get vacation until 6-months exactly. Is this fair? What about all the time he accrued and was told he would have upon employment? Is this something which he has any recourse? Also, they did not give him any severance pay - none, zip, zero (I guess this isn't a requirement, but just asking - more concerned about the vacation pay). Please advise. THank you!
 


cbg

I'm a Northern Girl
In NY, vacation is not due out unconditionally. It is by no means unusual for there to be a waiting period before time is due. Also, it's quite unlikely that he would be due the full three weeks after working six months.

He will have to look at the company policy regarding the accrual of vacation to see how it is described.

Severance is not required by law in 47 out of 50 states, including NY, and would not be required in this situation even in the three that do have such a requirement.
 

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