Can I sue my employer for lying about termination my date to keep from paying me the vacation days that I requested to use?

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Can I sue my employer for lying about termination my date to keep from paying me the vacation days that I requested to use?

I called in sick on a Wednesday and Thursday. The next day, my boss sent me home to get a doctor’s note for the days I missed. I went to HR and asked to use the vacation time that I have accrued for the days I was out. The following Monday I bought my doctor’s note in as requested but my boss threw it in the trash and sent me home. On Tuesday he told me to go to HR and I was fired. When I received my last check the sent a termination letter that said I was fired on the first day that I called in, so they did not pay me for the accrued vacation days that I requested to use.

Asked on February 22, 2019 under Employment Labor Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If you had requested to use vacation days you had accrued prior to the termination of your employment, you should have been allowed to use them (and so should have been paid for them). You can sue the employer for the pay; if you (as the person suing) can convince the court that you requested their used prior to the termination or end of employment, you should be able to get a court judgment that you be paid for them. Likely, the most cost effective (and quickest) way to proceed is to sue in small claims court on a "pro se" basis (as your own attorney).


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