I recently resigned (two-week notice) from my employer and, prior to the two-weeks being up, he got angry with me and fired me. At the time I had 14 days of unused vacation time accrued.
My employer is incorporated in and operates in New York State. In NYS an employer is obligated to pay out unused vacation time unless prior written notice has been given that specifies the conditions under which vacation time may be forfeited.
My employee handbook, which is very short and vaguely written in general, states that:
"Should you leave the employ of the Company, you may be eligible to collect pay in lieu of vacation time that has been earned but not taken. This will be determined by the circumstances surrounding termination of employement."
And my employer is invoking this to deny me the vacation time I'm owed.
I am going to file a claim in Small Claims court if he continues to refuse to pay me for the time. My argument is that this particular element of the handbook does not specify the conditions under which my vacation time is forfeited but rather allows my employer, carte blanche, to determine after the fact whether or not he wishes to pay out this time. There is no clear expectation set or created under which I can determine if my time will or will not be paid.
Does anyone with any experience in these matters believe I have a case?
Thank You,
-Ben
My employer is incorporated in and operates in New York State. In NYS an employer is obligated to pay out unused vacation time unless prior written notice has been given that specifies the conditions under which vacation time may be forfeited.
My employee handbook, which is very short and vaguely written in general, states that:
"Should you leave the employ of the Company, you may be eligible to collect pay in lieu of vacation time that has been earned but not taken. This will be determined by the circumstances surrounding termination of employement."
And my employer is invoking this to deny me the vacation time I'm owed.
I am going to file a claim in Small Claims court if he continues to refuse to pay me for the time. My argument is that this particular element of the handbook does not specify the conditions under which my vacation time is forfeited but rather allows my employer, carte blanche, to determine after the fact whether or not he wishes to pay out this time. There is no clear expectation set or created under which I can determine if my time will or will not be paid.
Does anyone with any experience in these matters believe I have a case?
Thank You,
-Ben
