HR Question - need help quick please...

[winkiebear]

If one is fired from a job, and has accrued vacation time, is the company bound by law to pay the now former-employee for that accrued vacation time?

ps - no, it is not me, I'm still employed... but I do need an answer quick for a dear friend.



winkiebear
Deskdemon Editorial Board Member

Edited by winkiebear on 23/05/02 12:58 AM.

[chris68]

I don't think so but maybe it depends upon the state in which it occured?

Chris68
Deskdemon Forum Board Staff

[Jackie G]

In the UK, an employer is bound to pay for holiday time, either in cash or by giving the days off

Not sure about the US, but you will doubtless get a speedy response!

Jackie
www.iqps.org
DeskDemon Forum Board Staff

[andream]

Winkie, in the US that policy is set by the employer.  Unfair but true.  Somewhere in the Policy manual of the employer it should give the corporate stand on Vacation, though depending on the state she's in, there are variations.  Make a quick call to the DOL in your area and ask to be sure.

Generally, Vacation time accrued within a year is paid out, but each company sets their own rules about roll over, use it or lose it, etc.

Moi

[winkiebear]

I checked the IL Dept of Labor - and through the Wage and Compensation Act the employer is bound by law to pay her for the unused vaca time... ahhhhhhhh, I LOVE THE NET!



winkiebear
Deskdemon Editorial Board Member

[laundryhater]

The fired employee needs to read the paper work and any contract he/she signed when first hired. This paper work should have the answer to this question.  Each state is different and it also depends on what his signed contract states.

[winkiebear]

To my knowledge, most people in our area don't sign contracts of employment unless they're executive level.

My friend's ex-boss is now "conferring with counsel" to see if he has to pay her the accrued vacation time. According to the IL-DOL website, there is a Wage and Compensation Act that allows the DOL to investigate these sorts of things. I've advised my friend to make a claim to the IL-DOL; if nothing else, an investigation will begin and she'll find out either way. Legally. Without having to hire a lawyer (which she can't afford) and without having to deal with ex-boss herself, which doesn't really matter since he won't return her phone calls about this issue anyway.

I'll keep you guys up to date, but thanks for the responses.



winkiebear
Deskdemon Editorial Board Member