Am I due my vacation pay
I was trying to disipline a subordinate where I was a supervisor. The employee refused to perform a tasks wich I assigned her to do and walked out. A few days later my supervisor called myself and the other employee into the conference room and said that I was wrong in the way which I handled this and yelled at me in front of my subordinate. I walked out. I tried to call her boss a few days later but never was my call returned. At this time I had almost 3 weeks vacation time earned. My question is should I be elligable for the vaction pay and Unemployment benifits.
Thank you,
Answers (1)
Vacation Pay and UC Benefits
Whether you are owed vacation pay depends on several factors:
(1) Are you an "at will" employee? (Do you have any contract (oral or written) with your employer). This factor applies to most employment termination issues in Pennsylvania. Contrary to popular belief, an action for “wrongful discharge” does not exist under Pennsylvania law except in very narrow circumstances. MOST, IF NOT ALL, PA EMPLOYEES DO NOT HAVE A CAUSE OF ACTION FOR WRONGFUL TERMINATION; (2) What does your employee handbook say? Usually employers cover this topic in the handbook. (Note most employers also state that the handbook does not establish an employment contract. There might be a contradiction in a defense that uses the handbook to deny vacation benefits); and (3) How do you accumulate vacation pay? If this is a wage that you have earned then the Pa. Wage Collection Act might apply.
You may also be able to collect UC benefits depending on the circumstances of you separation.
Call me at 610-432-7042 if I you wish to further discuss your problem and possible solutions.
David L. Bargeron, Esq.
posted by DAVID L. BARGERON | Nov 12, 2002 12:07 AM [EST]
Whether you are owed vacation pay depends on several factors:
(1) Are you an "at will" employee? (Do you have any contract (oral or written) with your employer). This factor applies to most employment termination issues in Pennsylvania. Contrary to popular belief, an action for “wrongful discharge” does not exist under Pennsylvania law except in very narrow circumstances. MOST, IF NOT ALL, PA EMPLOYEES DO NOT HAVE A CAUSE OF ACTION FOR WRONGFUL TERMINATION; (2) What does your employee handbook say? Usually employers cover this topic in the handbook. (Note most employers also state that the handbook does not establish an employment contract. There might be a contradiction in a defense that uses the handbook to deny vacation benefits); and (3) How do you accumulate vacation pay? If this is a wage that you have earned then the Pa. Wage Collection Act might apply.
You may also be able to collect UC benefits depending on the circumstances of you separation.
Call me at 610-432-7042 if I you wish to further discuss your problem and possible solutions.
David L. Bargeron, Esq.
posted by DAVID L. BARGERON | Nov 12, 2002 12:07 AM [EST]
Answer This Question
Sign In to Answer this Question
Related Questions with Answers