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vacation pay for terminated employee

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altuser100

Junior Member
What is the name of your state? NH

I fired someome after 5 months of employment and he is now demanding vacation pay.
His hiring documents don't spell out vacation benefits but I sent him an e-mail that says he would get "2 weeks vacation during his first year."

I was implying that he wouldn't have to wait until the following year to start accruing vacation time, which is our usual.
He now is claiming that the e-mail entitles him to the whole 2 weeks vacation pay, and was entitled to it even if he had been fired on day 1 of his employment.
What do you think.
 


cbg

I'm a Northern Girl
I think that you'd better tighten up on your vacation policies. NH law DOES require that you put the terms of any fringe benefits in writing and DOES require the payout of vacation at term according to policy. Given that NH is surprisingly employee friendly, since you did not have any written policy demonstrating that vacation is accrued over time, if this goes to the Department of Labor you may well end up paying it.

I'd contact them and see what they have to say, but my guess is that you'll have to pay him.
 

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