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Payment Of Vacation And Sick Time After Termination

Discuss Labor Laws

Payment Of Vacation And Sick Time After Termination

Postby gilibeirt » Thu Dec 08, 2016 3:55 am

I live in VA and worked for a company based in NC. Recently, I resigned my position due to the company's inability to maintain positive balances on the corporate credit card which caused me embarrassment and financial stress as I traveled and this was my only source of payment for my expenses on the road and verbal abuses. I was also quite ill at the time and repeatedly asked to work more than I knowI  should have but, being a "company man" and trying to help as much as I could, I agreed to the extra work. I finally had enough and resigned. I received a letter from the company's outsourced HR department explaining I had "abandoned" my job. I reponded via letter that I had resigned under the "at-will-employee" statue and requested my records be changed as I felt this was nothing more than an attempt to defame me and provide the company with an excuse to deny unemployment benefits.

Furthermore, I sent to the company via fax, email and certified mail, a letter requesting I be paid for all unused vacation time, expenses incurred and sick time. The company never drafted any handbooks or policies and I never signed anything stating I was aware of these benefits outside of a verbal offer made to me by the partner that conducted my interview, negotiations and hiring.  I was never told I would not be paid these benefits.

I consulted NC State Statues and as the company never provided me with anything saying how vacation time or sick time was accrued and to fact, I was sent an email during our initial negotiations that only says, "we can start with 2 weeks of vacation...", I think I am entitled to 2 weeks of vacation. I was not given information on how much sick time I was to earn but am sure the company provides such a benefit for all other full time employees.

Today I was told I was being sent a check for my reimbursable expenses and only 17.33 hours of vacation. At the very least I am due almost a full week of vacation(40 hrs) as I worked for nearly 6 months. How can I collect what is rightfully mine?

ANSWER: Dear Damon,

Happy New Year to you!

The statues of NC says the following:-

§ 95?25.12.  Vacation pay plans.

No employer is required to provide vacation pay plans for employees. However, if an employer provides these promised benefits for employees, the employer shall give all vacation time off or payment in lieu of time off in accordance with the company policy or practice. Employees shall be notified in accordance with G.S. 95?25.13 of any policy or practice which requires or results in loss or forfeiture of vacation time or pay. Employees not so notified are not subject to such loss or forfeiture.(1979, c. 839, s. 1; 1981, c. 663, s. 6; 2005?453, s. 20.)

You may refer to the following link:http://www.ncleg.net/gascripts/Statutes/StatutesTOC.pl?Chapter=0095

In various states in US, vacation time is not mandatory by the employer, but if the employer insists to give vacation time then it's mandatory to comply at all times with all classes of employees.

warm regards,

Umesh Chaudhary

INDIA

([email protected])

---------- FOLLOW-UP ----------

Thank you for your reply. Since submitting this question, I have consulted with the outsourced HR company that handled our payroll. They have informed me that "because the promise of vacation time was never mentioned in your Offer Letter, the company does not "technically" have to pay me for anything." Again, I have an email from the partner that hired me, sent prior to the offer letter, that states "..we can start with two weeks of vacation". He also mentions some of the other benefits the company offered(health, etc.).

My question is, since they have failed to compensate me completely for all the vacation time I was offered(or even that which was accrued), failed to respond to my request for an explaination of how vacation time is accrued, and how 16 hours were deducted from what was paid, would I have a case against this company for failing to pay this benefit as prescribed by law? I resigned on the 15th of December and have yet to receive total compensation.

Thank you again for your assistance.
gilibeirt
 
Posts: 50
Joined: Wed May 22, 2013 6:09 pm

Payment Of Vacation And Sick Time After Termination

Postby Nykko » Thu Dec 08, 2016 3:31 pm

Dear Damon,

If you have any proof in writing where the partner mentioned about paying vacation time, you may straight away go to the company office with a copy of the same. If they don't insist you may think of going into the law. But there seems to be a problem also your offer has got no information about vacation time. This seems tricky. You should immediately visit your office with copy of the proof that they promised you two weeks vacation.

warm regards,

Umesh Chaudhary

INDIA

([email protected])
Nykko
 
Posts: 36
Joined: Thu Jan 16, 2014 6:14 pm

Payment Of Vacation And Sick Time After Termination

Postby Keiji » Tue Dec 20, 2016 4:53 am

I live in VA and worked for a company based in NC. Recently, I resigned my position due to the company's inability to maintain positive balances on the corporate credit card which caused me embarrassment and financial stress as I traveled and this was my only source of payment for my expenses on the road and verbal abuses. I was also quite ill at the time and repeatedly asked to work more than I knowI  should have but, being a "company man" and trying to help as much as I could, I agreed to the extra work. I finally had enough and resigned. I received a letter from the company's outsourced HR department explaining I had "abandoned" my job. I reponded via letter that I had resigned under the "at-will-employee" statue and requested my records be changed as I felt this was nothing more than an attempt to defame me and provide the company with an excuse to deny unemployment benefits.

Furthermore, I sent to the company via fax, email and certified mail, a letter requesting I be paid for all unused vacation time, expenses incurred and sick time. The company never drafted any handbooks or policies and I never signed anything stating I was aware of these benefits outside of a verbal offer made to me by the partner that conducted my interview, negotiations and hiring.  I was never told I would not be paid these benefits.

I consulted NC State Statues and as the company never provided me with anything saying how vacation time or sick time was accrued and to fact, I was sent an email during our initial negotiations that only says, "we can start with 2 weeks of vacation...", I think I am entitled to 2 weeks of vacation. I was not given information on how much sick time I was to earn but am sure the company provides such a benefit for all other full time employees.

Today I was told I was being sent a check for my reimbursable expenses and only 17.33 hours of vacation. At the very least I am due almost a full week of vacation(40 hrs) as I worked for nearly 6 months. How can I collect what is rightfully mine?

ANSWER: Dear Damon,

Happy New Year to you!

The statues of NC says the following:-

§ 95?25.12.  Vacation pay plans.

No employer is required to provide vacation pay plans for employees. However, if an employer provides these promised benefits for employees, the employer shall give all vacation time off or payment in lieu of time off in accordance with the company policy or practice. Employees shall be notified in accordance with G.S. 95?25.13 of any policy or practice which requires or results in loss or forfeiture of vacation time or pay. Employees not so notified are not subject to such loss or forfeiture.(1979, c. 839, s. 1; 1981, c. 663, s. 6; 2005?453, s. 20.)

You may refer to the following link:http://www.ncleg.net/gascripts/Statutes/StatutesTOC.pl?Chapter=0095

In various states in US, vacation time is not mandatory by the employer, but if the employer insists to give vacation time then it's mandatory to comply at all times with all classes of employees.

warm regards,

Umesh Chaudhary

INDIA

([email protected])

---------- FOLLOW-UP ----------

Thank you for your reply. Since submitting this question, I have consulted with the outsourced HR company that handled our payroll. They have informed me that "because the promise of vacation time was never mentioned in your Offer Letter, the company does not "technically" have to pay me for anything." Again, I have an email from the partner that hired me, sent prior to the offer letter, that states "..we can start with two weeks of vacation". He also mentions some of the other benefits the company offered(health, etc.).

My question is, since they have failed to compensate me completely for all the vacation time I was offered(or even that which was accrued), failed to respond to my request for an explaination of how vacation time is accrued, and how 16 hours were deducted from what was paid, would I have a case against this company for failing to pay this benefit as prescribed by law? I resigned on the 15th of December and have yet to receive total compensation.

Thank you again for your assistance.
Keiji
 
Posts: 29
Joined: Sat Apr 12, 2014 8:42 am


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