What is the name of your state? New York
My friend has worked 10 months at this company and just gave 1 months notice. She has already taken 5 vacation days and had scheduled 5 to take during this month (the employer is aware of the scheduled vacation.) Here is the wording of the signed employment contract. There is no employee manual and this is a small business (< 10 employees), but not financially strained.
The employer requests a meeting with the accountant and my friend. We presume it is to say that she has not earned the vacation and therefore will not be paid for it and cannot take it.
I understand what the employer was trying to get at b/c I used to manage a small business: 'you have to work 6 months to accrue your first week'. However, it is very unclearly written and implies 6 days of vacation in a week.
A few questions:
1. Is my friend eligible for 5 more days?
2. If so, can my friend take those days as her last days or have them paid to her on her last day?
3. Even if it were written more clearly, are you allowed in NY to accrue vacation like that? Not sure about NY, but in CA you could have an accelerated accrual, but not a 6 months/6 months accrual.
Basically, you can twist that wording in many different directions. My friend would like to resolve this without going to court, if possible, and would love your advice, in order to be more prepared for the ensuing discussions.
Thanks in advance.
My friend has worked 10 months at this company and just gave 1 months notice. She has already taken 5 vacation days and had scheduled 5 to take during this month (the employer is aware of the scheduled vacation.) Here is the wording of the signed employment contract. There is no employee manual and this is a small business (< 10 employees), but not financially strained.
You will receive two paid vacation weeks and ten paid government holidays. Vacation will be accrued one day per month therefore the first weeks vacation will be earned at the end of 6 months, the second weeks vacation earned at the end of twelve months.
The employer requests a meeting with the accountant and my friend. We presume it is to say that she has not earned the vacation and therefore will not be paid for it and cannot take it.
I understand what the employer was trying to get at b/c I used to manage a small business: 'you have to work 6 months to accrue your first week'. However, it is very unclearly written and implies 6 days of vacation in a week.
A few questions:
1. Is my friend eligible for 5 more days?
2. If so, can my friend take those days as her last days or have them paid to her on her last day?
3. Even if it were written more clearly, are you allowed in NY to accrue vacation like that? Not sure about NY, but in CA you could have an accelerated accrual, but not a 6 months/6 months accrual.
Basically, you can twist that wording in many different directions. My friend would like to resolve this without going to court, if possible, and would love your advice, in order to be more prepared for the ensuing discussions.
Thanks in advance.