What to do if I was fired so that my employer could avoid paying my vacation time?

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What to do if I was fired so that my employer could avoid paying my vacation time?

I’ve been working at my job for 11 months and 3 weeks. I got terminated today because of being tardy. At the place I got terminated from our vacation hours don’t drop until the anniversary of the day we got hired (which is next week). I was scheduled to work today which I did and wasn’t scheduled to come back to work until the day after my 1 year anniversary. Is there anything that can be done because it seems as though they fired me today to not have to pay me my vacation time which is 60 hours? Can anything that can be done?

Asked on January 11, 2013 under Employment Labor Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unfortunately, it is legal to fire an employee to avoid providing him or her vacation time, or to avoid paying a bonus; and more generally, unless you had a written employment contract, you would have been an employee at will, who may be fired at any time, for any reason. Therefore, while what you describe seems unfair, it is most likely legal.


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