Please Help Me :(
I've worked at a temporary company for the last 4 years. The new year just started, as did our vacation days (I didn't have any left from last year). The first week of the new year I took vacation because school started and work conflicted with my school hours. I tried several times to have my employer move me to another shift, but there were no positions available. I worked the 1st day after my vacation ended and my only option was to quit. Am I still entitled to my vacation days that I put in for before I quit?? Thank you so much for any information you could give me.
Sincerely, Drew Cerra
Answers (1)
Vacation Day Pay
GEORGIA LAW ANSWER - NOT NECESSARILY APPLICABLE TO ANY OTHER STATE. IF YOU RE IN ANOTHER STATE, PLEASE CONTACT A LOCAL LAWYER. Whether you are entitled to your vacation days really depends on the exact wording in your policy manual. Some policy manuals simply say that for a certain number of years of service you get so many vacation days per year. Under this type of policy manual, you would have a very good argument for all of the 'vested' but unused vacation days. You would probably have to take your employer to small claims court to get them or get an attorney to draft a demand letter for you. ON THE OTHER HAND, many policy manuals (and I have drafted many) state that vacation accumulates during the year at the rate of .x days per month (for example, if you got 10 days per year vacation - each month you would accumulate 10/12 of a vacation day) - under this type of commonly found manual, you would be entitled to virtually nothing. So read your manual carefully and then act accordingly. If you are not in Georgia, you should consult with a local lawye. Call your state bar for a referral to an employment lawyer - many bar referral services and for a very small fee, you get a 1/2 hour consultation.
posted by Brian Pastor | Jan 19, 2004 09:02 AM [EST]
GEORGIA LAW ANSWER - NOT NECESSARILY APPLICABLE TO ANY OTHER STATE. IF YOU RE IN ANOTHER STATE, PLEASE CONTACT A LOCAL LAWYER. Whether you are entitled to your vacation days really depends on the exact wording in your policy manual. Some policy manuals simply say that for a certain number of years of service you get so many vacation days per year. Under this type of policy manual, you would have a very good argument for all of the 'vested' but unused vacation days. You would probably have to take your employer to small claims court to get them or get an attorney to draft a demand letter for you. ON THE OTHER HAND, many policy manuals (and I have drafted many) state that vacation accumulates during the year at the rate of .x days per month (for example, if you got 10 days per year vacation - each month you would accumulate 10/12 of a vacation day) - under this type of commonly found manual, you would be entitled to virtually nothing. So read your manual carefully and then act accordingly. If you are not in Georgia, you should consult with a local lawye. Call your state bar for a referral to an employment lawyer - many bar referral services and for a very small fee, you get a 1/2 hour consultation.
posted by Brian Pastor | Jan 19, 2004 09:02 AM [EST]
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