Is it discrimination if company policy says an employee forfeits vacation after termination voluntary/involunatary and they pay 1 termed employee vacation and not the other?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is it discrimination if company policy says an employee forfeits vacation after termination voluntary/involunatary and they pay 1 termed employee vacation and not the other?

One employee was male, the other female. Both were fired.

Asked on October 13, 2012 under Employment Labor Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The policy manual means nothing with respect to answering your question. Under the laws of all states in this country when an employee quits or is terminated the employee is required to be paid by his or her former employer all accrued vacation pay that the employee has earned up to that point in time. Such earned vacation cannot be forfeited legally.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption