Can I get my vacation pay if I give two weeks notice?

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Can I get my vacation pay if I give two weeks notice?

I signed a handbook that states that if I’m fired
or if I quit no vacation pay accrued is paid? But
so did a lot of others and the owners paid their
vacation/sick time out. They are refusing to pay
mine. Do I have a leg to stand on?

Asked on July 28, 2016 under Employment Labor Law, Kentucky

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

First of all, your employer's vacation policy as stated in the company handbook is legal. Further, they way in which it is applied may also be legal. It depends on just why your are being treated differently than others. Did the refusal to pay out your accrued vacation time violate the terms of an employment contract or union/collective bargaining agreement? Did it constitute some form of legally actionable discrimination? In other words, was it due to your race, religion, nationality, disability, age (over 40), gender or the like? If not, then treating some workers more or less favorably than others is legal. The fact is that not all employees need be treated the same or even fairly. In "at will" work relationships, a company can set the terms and conditions of employment much as it sees fit. To be certain of your rights, you can contact your state's department of labor for further information or consult directly withan employment law attorney.


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