If I was a salaried employee and my employer told me I would get paid for my unused vacation but didn’t, what is my recourse?

I got laid off 3 weeks ago. My ex-employer reported to unemployment that I was on vacation for the last 2 weeks. In our employee handbook it said that salaried employees were available to all of their vacation at the beginning of the year.

Asked on September 20, 2011 under Employment Labor Law, Ohio


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Okay, you need to seek help from an employment attorney in your area.  I am assuming that you are an employee at will, meaning that you do not have a writtenemployment contract.  In those cases employees are in fact able to leave or be fired any time as long as it is for a lawful and non-discriminatory reason. In those cases the protocol of the company can be looked as for guidance in these matter.  Sometimes protocol is written down and sometimes it is just what is acted on. But I do have say that having an employee handbook is a big plus here.  In may states it is seen as an employment contract but at the very least it can be seen as something that the employee relies upon as a given.  So good luck.   

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