Severance and vacation pay

I was terminated January 9, 2004 due to restructuring of the department. I was employed by this company for 12 1/2 years. I had also accumulated 4 weeks of vacation of which i had not taken any of the vacation time. I was offered and accepted a 12 week severance package which stated that "This severance amount includes all vacation that was earned but not yet taken." Since my seperation others have also been terminated and offered severance packages that provided for 1 weeks pay per year of service plus accumulated vacation pay. Can I file a claim against the company for my 4 weeks vacation time?

1 answer  |  asked Mar 26, 2004 12:48 PM [EST]  |  applies to Illinois

Answers (1)

Carol Oshana
Vacation Pay

A lawyer would really have to read the entire contract to give you a good answer. But generally, if it contained the foregoing language that you described, then you likely waived your rights to claim unpaid vacation time because it is included in the 12 weeks of severace pay. Unfortunately, there is no obligation for an employer to provide his or her employees the same deal, or the best deal. But please contact an attorney to review the entire agreement, just in case.

posted by Carol Oshana  |  Mar 26, 2004 2:33 PM [EST]

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