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  1. #1
    Join Date
    Aug 2015
    Posts
    1

    Default Vacation Payout Denied After Resignation

    My question involves labor and employment law for the state of: VA

    If you resigned from a company over 4 weeks before leaving and the HR Rep confirms in an email that you will receive a payout of your unused vacation time when you leave. The HR rep also states that you do not have to use your vacation time before you leave since the payout WILL be made when you leave. On your last day of work, over 4 weeks later, the same HR rep informs you that the decision was made by Senior Management not to you pay the unused vacation. The HR rep also indicates that in the Employee Manual/ Handbook it states that Senior Management reserves the right to make that decision on your last day of work based on your "standing" with the company on the last day of work. Is there any legal recourse, if the only reason the vacation hours were not used prior to the last day of work, was the information provided by the HR Rep when you first resigned?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Vacation Payout Denied

    In VA, unused vacation only has to be paid out if there is a policy of paying it out. You are free to consult with an attorney to see if the email will be considered a contract, but I wouldn't hold my breath on it. If the handbook says that the decision is to be made by senior management on the last day, then that's the deal.

    Now, I will go on record as saying that's a foolish policy that has the potential to get the employer in trouble someday. But it's not an illegal policy and nothing you have posted suggests that failure to pay your vacation out has any liability for the employer this time.

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