Does company policy override a previous contract?

Yesterday I submitted my resignation giving a 2 week notice to my employer.

Understandably, they asked me to leave immediately. They are not paying the 2 weeks notice even though I am a salary manager which is not a legal matter but only bad business practice. That is not the issue I have but rather sets a scene for what type of business they are practicing. The real issue is the lack of payout of vacation time. I was on-boarded with

Asked on February 23, 2016 under Employment Labor Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

In your state, only accrued or earned vacation time must be paid out upon termination of employment. Vacation time which was not accrued is not required to be paid, which means that they are not legally obligated to pay out vacation "gifted" to you when you started, but which you did not earn over time by dint of the weeks or months you worked. Moreover, offer letters rarely are considered to create enforceable contracts--they are most often much more in the nature of summary of what you are expected to get than a contract. While you may wish to consult with an employment law attorney, bringing with a copy of the offer letter for him/her to review, for a definitive answer taking in all the particularities of your situation, as a general matter, based on what you write, they do not appear to have to pay out the vacation time.


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