Vacation pay

[gmafay]

What is the name of your state? Ohio. I resigned from my job.Gave 2 wks notice.I resigned in July. I was to get 5 wks vacation pay in October. He gave me none of the vacation. is there any legal recourse for me?.

 

[pattytx]

Sorry, no. The law in Ohio does not require you be paid out accrued vacation at termination.

 

[hambone1]

Sorry, no. The law in Ohio does not require you be paid out accrued vacation at termination.

I would think there'd by legal recourse if the employee lied to him to beleive he was receving accrued vacation by saying he'd get it, then turning around and not doing it.

It'd be one thing if he wasn't lied to, sounds like he can at least seek counsel.

 

[moburkes]

I would think there'd by legal recourse if the employee lied to him to beleive he was receving accrued vacation by saying he'd get it, then turning around and not doing it.

It'd be one thing if he wasn't lied to, sounds like he can at least seek counsel.

Does OP have a written contract that states that vacation will be paid out at termination?

 

[hambone1]

Does OP have a written contract that states that vacation will be paid out at termination?

I am in a similar situation, though nothing written, I was told verbally 3 times by 3 different individuals, including the Director of HR that I would be receiving my vacation pay.

If I get a subpoena on those individuals, they can explain to the court what they told me.

 

[moburkes]

I am in a similar situation, though nothing written, I was told verbally 3 times by 3 different individuals, including the Director of HR that I would be receiving my vacation pay.

If I get a subpoena on those individuals, they can explain to the court what they told me.

If, if, if. You are in FL, while OP is in OH. Laws are different in every state. Please come back and post the results of your lawsuit.

 

[cbg]

Neither Florida, Ohio, nor Federal law requires that you receive vacation time at termination.

Just because someone mistakenly told you that you would receive the vacation pay does NOT make it illegal to withhold it.

 

[hambone1]

Neither Florida, Ohio, nor Federal law requires that you receive vacation time at termination.

Just because someone mistakenly told you that you would receive the vacation pay does NOT make it illegal to withhold it.

Right....but, you can still sue them for it.

 

[moburkes]

Right....but, you can still sue them for it.

And, you do understand that I can sue you because your name is hambone1, too?

 

[ecmst12]

Sure you can sue, but you're not likely to win, and you'll end up having to pay for your court costs, and possibly THEIR court costs too for filing a frivolous lawsuit.

 

[moburkes]

...which is exactly my point. Just because you sue, doesn't mean that you will win.

 

[cbg]

Agreed. You can sue, but you can also lose the suit. In fact, under the circumstances you have described, you have better than average odds of losing.

 

[hambone1]

Agreed. You can sue, but you can also lose the suit. In fact, under the circumstances you have described, you have better than average odds of losing.

How bout just do it as a "case" just to have on record, even if it loses....heck, might even settle outside of court in case they don't want to have to deal with it

What do you mean by that post about sueing me for having my screen name?

 

[hambone1]

Sure you can sue, but you're not likely to win, and you'll end up having to pay for your court costs, and possibly THEIR court costs too for filing a frivolous lawsuit.

Frivolous lawsuits are along the lines of sueing cigarette companies for you getting cancer from smoking their products. Or spilling hot coffee on yourself, and sueing the coffe makers for it

This definately does not qualify for frivolous.

 

[ecmst12]

What do you mean by that post about sueing me for having my screen name?

It means, anyone can sue anyone for anything. Whether they can win is a different matter. And suing tobacco manufacturers clearly is NOT frivolous since they LOST their class action lawsuits. A lawsuit is frivolous when there is no valid legal basis on which to base the suit. Suing someone for not providing a benefit they're not legally required to provide could fall into that category. And if the state's laws say that the employer only has to follow their own policy in determining whether vacation days are payable at termination, then suing them for FOLLOWING THEIR OWN POLICY and refusing to break it (which is what they're legally required to do) is certainly not going to get you very far.

**P.S. I really hate it when people use the McDonald's coffee lawsuit as an example of frivolous litigation....read about the case, it was CLEARLY valid and the woman deserved every bit of the reduced award she got.