My husband was terminated and his employer is refusing to pay him his vacation/sick time.

UPDATED: Oct 1, 2022

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My husband was terminated and his employer is refusing to pay him his vacation/sick time.

My husband gave his employer a 2 week
notice on a Thursday. The next day he was
approached and asked if he still planned on
leaving. When his reply was yes he was told to
clean out his work vehicle he was no longer
needed. His employer is now saying he quit
even though he gave notice. He has been with
the company a long time. At the beginning of
ever year he gets 2 weeks paid vacation. He
was let go halfway through March. Now the
employer refuses to pay him saying he doesnt
owe him anything. Thoughts???

Asked on April 10, 2019 under Employment Labor Law, Nebraska


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Your husband can sue his employer for breach of contract / account stated. His damages (monetary compensation he is seeking in his lawsuit) would be the amount he is owed.
Depending on the amount of damages, it may be possible to file the lawsuit in small claims court.
Upon prevailing in the case, your husband can also recover court costs which include the court filing fee and process server fee.

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 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.

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