Does my employer have to pay me for my accrued sick, vacation, personal, comp and retirement if it is terminating my contract?

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Does my employer have to pay me for my accrued sick, vacation, personal, comp and retirement if it is terminating my contract?

Does my job have to pay me for accrued sick, vacation,personal and comp days. I also have 5 years of retirement that I and they put in. They are terminating my contract because they say I stole from them when I did not. I have witnesses. In the past they have said, when someone quits, that the person owes the company money for leaving before the contract was up. I am not leaving willingly so I hope that is not true. I have been suspended with pay until my hearing but they already posted my job as open. I have to meet with their lawyer by myself.

Asked on August 20, 2012 under Employment Labor Law, Arkansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The law does not require payment for accrued but unused sick, vacation, personal, or comp time.  If your employer had the policy of paying people who were terminated (not quit voluntarily), then they should honor this policy in regards to you, too--if they set a policy, they cannot pick and choose who is covered under it. But on the other hand, if their policy has been to not pay out these items on termination, then they do not have to pay.

As to retirement: the issue is what type of retirement plan is it and what are its terms? Plans vary wildly, so there is no general answer. You may wish to repost this  part of your question with additional information.


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