employment being fired
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employment being fired
in michigan do employers have to pay accured vacation time to you when you are fired
Asked on May 17, 2009 under Business Law, Michigan
GW, Member, Michigan and Hawaii Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Yes they do, at least if the vacation pay accrued under a written policy or contract, unless the policy or contract says they don't have to.
MCLA 408.471 defines "fringe benefits" as "compensation due an employee pursuant to a written contract or written policy for holiday, time off for sickness or injury, time off for personal reasons or vacation, bonuses, authorized expenses incurred during the course of employment, and contributions made on behalf of an employee."
MCLA 408.473 says the employer has to pay fringe benefits according the terms of the written policy or contract.
MCLA 408.474 says: "An employer shall not withhold a payment of compensation due an employee as a fringe benefit to be paid at a termination date unless the withholding is agreed upon by written contract or a signed statement obtained with the full and free consent of the employee without intimidation or fear of discharge for refusing to agree to the withholding of the benefit."
So even if you agreed that the employer could withhold your vacation pay on termination, that agreement might be invalid under some circumstances.
Here's a brochure with information about your rights and how to file a complaint.: http://www.michigan.gov/documents/Brochure_390_R_5_5_05_130750_7.pdf
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