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Vacation pay

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moburkes

Senior Member
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.

Well said! Thanks!
 


hambone1

Junior Member
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.
So it's not considered frivolous when someone WINS a case? Okay , my mistake, I should use the "When people are trying to sue McDonald's for their obesity." It is a better comparison then. Just trying to make an example.
 

ecmst12

Senior Member
Read my post again. Frivolous means NO VALID LEGAL BASIS. If there was no valid legal basis, then they would not have won, the case would have been thrown out before it even got to trial.

If you really want to sue, go ahead and sue. You're not going to win and you may end up having to pay out quite a bit of money, but have fun with it.
 

hambone1

Junior Member
Read my post again. Frivolous means NO VALID LEGAL BASIS. If there was no valid legal basis, then they would not have won, the case would have been thrown out before it even got to trial.

If you really want to sue, go ahead and sue. You're not going to win and you may end up having to pay out quite a bit of money, but have fun with it.

Well, if I take it to small claims court, I think it would prove to be less costly. (Checked on that already, about 200 bucks) So if any money is loss it won't be a large amount.
 

mlane58

Senior Member
Well, if I take it to small claims court, I think it would prove to be less costly. (Checked on that already, about 200 bucks) So if any money is loss it won't be a large amount.
Geez you are thick! You haven't listened to any of the posters here replying to your thread and giving you sound legal advice. Bottom line is you will lose, BECAUSE THERE IS NO LEGAL BASIS FOR YOUR CLAIM!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

God, I sure picked the wrong week to stop drinking!
 

hambone1

Junior Member
:)
Geez you are thick! You haven't listened to any of the posters here replying to your thread and giving you sound legal advice. Bottom line is you will lose, BECAUSE THERE IS NO LEGAL BASIS FOR YOUR CLAIM!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

God, I sure picked the wrong week to stop drinking!
lol...not thick, just stubborn/hard-headed.

Surely, you can't be serious! :)

Looks like I picked the wrong week to take amphetamines.
 

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