Yes, consult a lawyer about the vacation.

When I left my previous employer a year or so ago, I knew a 2 week notice would result in being terminated immediately, so I burned all my vacation time and then resigned once I was ready to make my move.

Vacation/sick time should be part of the comp package and you should be owed that payout at the time of departure, but that's not always the case.

That happened to me a few years ago. He even pushed my tool boxes out to the curb. Fortunately I had anticipated such a dick move and had already arranged transportation (they are quite heavy).

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When I left my previous employer a year or so ago, I knew a 2 week notice would result in being terminated immediately ...

And there are still people who want you to give notice. They sure as hell don't give notice when they're about to fire you.

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Originally posted by MikeGLI:
When I left my previous employer a year or so ago, I knew a 2 week notice would result in being terminated immediately, so I burned all my vacation time and then resigned once I was ready to make my move.

Vacation/sick time should be part of the comp package and you should be owed that payout at the time of departure, but that's not always the case.

A few years before I retired, my company changed their vacation policy from a "here's how much you get each year and you can bank it" which they paid for upon termination, to a "your vacation is unlimited subject to agreement between you and management and business conditions, but there's no longer any you can bank" which meant there was no accrued vacation they had to pay for upon termination. Any still banked from the prior policy would be paid, but if that was gone and you fell totally under the new policy, too bad.

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Are you saying that she lost vacation time that she had accrued, and was not reimbursed for it?

I worked for a company and my anniversary date was 10/10. I decided to quit on 10/01. Do you think I got my vacation time? Hell,no! the CBA stated that you got a week after after 1 year and two weeks after after 2 years. I was on my 4th year. I lost out on 2 weeks vacation. Assholes!!!!

One of the few good things about Illinois is not paying out vacation time is illegal.

I had the opportunity to point this out to a vice president of a company based in Texas I worked for once and was then paid out for my vacation days with no further action required on my part.

Edited to add: I also got an apology email from the VP.

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Originally posted by rburg:

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Originally posted by arcwelder:

This is because vacation time is an accrued wage. ....unused time, it's straight up illegal.

Better check your source on that last. It will vary based on state law.

Correct. In fact, many states' labor laws don't address payment of paid leave on separation at all, leaving it as a matter of contract between the parties. That appears to be the case in TN...

From employmentlawhandbook.com:

Vacation Leave

In Tennessee, employers are not required to provide employees with vacation benefits, either paid or unpaid. TN Code 50-2-103(3). If an employer chooses to provide such benefits, it must comply with the terms of its established policy or employment contract. TN Code 50-2-103(3), TN Atty Gen. Opinion No. 06-169.

An employer may lawfully establish a policy or enter into a contract denying employees payment for accrued vacation leave upon separation from employment. TN Atty Gen. Opinion No. 06-169.

An employer may also lawfully establish a policy or enter into a contract disqualifying employees from payment of accrued vacation upon separation from employment if they fail to comply with specific requirements, such as giving two weeks notice or being employed as of a specific date of the year. TN Atty Gen. Opinion No. 06-169.

An employer is required to pay accrued vacation to an employee upon separation from employment if its policy or contract requires it. See TN Atty Gen. Opinion No. 06-169.

An employer is not required to pay accrued vacation leave upon separation from employment if the employer’s established policy or employment contract is silent on the matter. TN Atty Gen. Opinion No. 06-169.

An employer may cap the amount of vacation leave an employee may accrue over time. See TN Atty Gen. Opinion No. 06-169.

An employer may implement a “use-it-or-lose-it” policy requiring employees to use their leave by a set date or lose it. See TN Atty Gen. Opinion No. 06-169.

-Rob

Sorry I thought I explained in a previous post... The beef with her vacation time is they are resetting everyone’s seniority to zero.

Losing 30 years of seniority in her case and zero vacation time going forward until her second year when she currently earned about 4 weeks per year. Now she would get one week her second year after the reset. She has burned her accrued time earlier in the year on my advice.

In the previous sales everyone kept their seniority and benefits.

Still no word on pay.

Getting rid of senior employees who have (in most cases) worked at and even developed their jobs is asinine.

Congratulations to those that left either by their own choice or at the whim of the employer. Reality should have kicked management square in the nuts when something major went FUBAR...because YOU weren't there to prevent it!

Well, she did exactly wanted they wanted her to do.

They will now fill her position with someone young and clueless for 1/4 the salary because the bottom line is all that matters to them.