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?

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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 11 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.


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