Do I have vacation pay coming?

I recently gave a 10 day notice to my corporate employer that I was leaving for another job. I have been told it states in our handbook that if I do not give a 14 day notice I am not eligible to receive my vacation pay. I checked my handbook and it does not state anything about not being paid for vacation time if you give less than 14 days notice. Also my vacation time was earned over the past year... can they keep my pay for something that is earned over last year?

1 answer  |  asked Oct 22, 2010 4:47 PM [EST]  |  applies to Ohio

Answers (1)

Neil Rubin
Basically, if you are an at-will employee (the vast majority of workers in Ohio are at-will) the company can change its policy at any time without legal recourse. An employee handbook is NOT a contract unless there is a bargained-for consideration (as well as other issues). It is doubtful that this is the case.

Whether or not you have actually already earned the vacation requires more information. If you call me I will speak to you free-of-charge to see if I can guide you.

Neil Scott Rubin
Attorney at Law, LLC.
P.O. Box 691
Twinsburg, Ohio 44087

phone: 216-923-0333
fax: 330-405-0907
email: nsrubinlaw@hotmail.com
This email message is not meant to: 1) contain my signature; 2) contain legal advice; 3) create an attorney/client relationship; or 4) guarantee confidentiality.

posted by Neil Rubin  |  Oct 23, 2010 1:37 PM [EST]

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