Whatcan I do if Iwas just fired from my job with no warning and was not paid for my sick days or Christmas bonus?

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Whatcan I do if Iwas just fired from my job with no warning and was not paid for my sick days or Christmas bonus?

Asked on December 22, 2011 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

1) If you did not have an employment contact, you were an employee at will. An employee at will may, unfortunately, be fired at any time, for any reason, without any notice or warning. (If you had an employment contract, you may enforce its terms.)

2) Most employers do not pay for unused sick days. Only if there was some agreement that your employer would pay out sick days on termination should you get something--that is, the law itself does not require this, so it's up to any agreement between employer and employee.

3) If you had a bonus letter or plan which stated that if fired before the end of the year, you would get your bonus (or at least some portion of that), that is enforceable. Otherwise, the typical "Christmas bonus" is completely discretionary, and employers do not need to provide it to any employee they don't want to bonus--including especially those fired before (even just before) Christmas.


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