Sue for vacation/sick leave

[hambone1]

What is the name of your state? Florida

Okay, I was recently had a situation where my supervisor was thinking I Had performance issues....so I was given a choice.

TO resign, or to stay until I was terminated.

I chose to stay.

When I made this decsion, I was pressured into taking the "resignation" option by the HR Director and by the Manager. I still said I am sticking with my decision.

Then they made me aware that if I chose to resign, I would not be forfeiting my vacation pay....so I agreed to resign, so that I would not lose my vacation/sick leave, they made me aware that it was a good amount of money.

So after the resignation, I went home.....a couple days later, I call the HR office up to confirm when I will be receiving my vacation and sick pay.

They told me that I would not be getting it, because they said I did not leave in "Good Standing", basically good standing meant turning in your resignation and giving 2 weeks notice!

Apparently, they had made an error (or perhaps lied) to get me to resign, and then get out of paying me what is owed to me. By saying, "Oh, by the way, you were suppose to give us 2 weeks notice!"

So, I told them, "Well, my supervisor and Director of HR asked me to resign, and if I did resign, I WOULD be getting both my vacation and sick"

And they responded, "Well, I'm sorry, but policy states ...etc etc etc."

Now...I have no money, no income, nothing coming in.

Now I AM well aware of the FLorida laws stating that since it is considered a "Benefit" they don't have to give it to me, BUT...in this particular case, since they pulled this crap on me...

Do I have a case?

 

[cbg]

Short answer - no.

 

[LSCAP]

http://www.dir.ca.gov/dlse/FAQ_Vacation.htm

There is no legal requirement in California that an employer provide its employees with either paid or unpaid vacation time. However, if an employer does have an established policy, practice, or agreement to provide paid vacation, then certain restrictions are placed on the employer as to how it fulfills its obligation to provide vacation pay. Under California law, earned vacation time is considered wages, and vacation time is earned, or vests, as labor is performed. For example, if an employee is entitled to two weeks (10 work days) of vacation per year, after six months of work he or she will have earned five days of vacation. Vacation pay accrues (adds up) as it is earned, and cannot be forfeited, even upon termination of employment, regardless of the reason for the termination. (Suastez v. Plastic Dress Up (1982) 31 C3d 774) An employer can place a reasonable cap on vacation benefits that prevents an employee from earning vacation over a certain amount of hours. (Boothby v. Atlas Mechanical (1992) 6 Cal.App.4th 1595) And, unless otherwise stipulated by a collective bargaining agreement, upon termination of employment all earned and unused vacation must be paid to the employee at his or her final rate of pay. Labor Code Section 227.3 The Califonia Legislature, in order to ensure that vacation plans were fairly and equitably handled, provided that the Labor Commissioner was to "apply the principles of equity and fairness" in resolving vacation claims.

 

[You Are Guilty]

http://www.dir.ca.gov/dlse/FAQ_Vacation.htm

There is no legal requirement in California that an employer provide its employees with either paid or unpaid vacation time. However, if an employer does have an established policy, practice, or agreement to provide paid vacation, then certain restrictions are placed on the employer as to how it fulfills its obligation to provide vacation pay. Under California law, earned vacation time is considered wages, and vacation time is earned, or vests, as labor is performed. For example, if an employee is entitled to two weeks (10 work days) of vacation per year, after six months of work he or she will have earned five days of vacation. Vacation pay accrues (adds up) as it is earned, and cannot be forfeited, even upon termination of employment, regardless of the reason for the termination. (Suastez v. Plastic Dress Up (1982) 31 C3d 774) An employer can place a reasonable cap on vacation benefits that prevents an employee from earning vacation over a certain amount of hours. (Boothby v. Atlas Mechanical (1992) 6 Cal.App.4th 1595) And, unless otherwise stipulated by a collective bargaining agreement, upon termination of employment all earned and unused vacation must be paid to the employee at his or her final rate of pay. Labor Code Section 227.3 The Califonia Legislature, in order to ensure that vacation plans were fairly and equitably handled, provided that the Labor Commissioner was to "apply the principles of equity and fairness" in resolving vacation claims.

That was a well organized, clear, concise, well thought out answer. You don't happen to have a similar one for the poster's state, do you?

 

[cbg]

Since the poster is not in CA, that nicely presented post was a complete waste of time.