Used Vacation Time- HELP ASAP!!!

This is a discussion on Used Vacation Time- HELP ASAP!!! within the Salary & Workers Compensation forum, part of the LABOR & EMPLOYMENT LAW category; Hi, I need help ASAP. My mom was working at a company and her employment handbook that she signed stated: ...

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Old Jul 31st, 2008, 09:53 PM   #1
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Confused Used Vacation Time- HELP ASAP!!!

Hi, I need help ASAP. My mom was working at a company and her employment handbook that she signed stated: if a two week notice is not given the employee is not entitled to accrued vacation time. My mom gave her two week notice and the company promised her that they would fire a particular person and convinced my mother to stay on this condition only, in the mean time my mother had a weeks paid vacation approved by management (with full knowledge of her resignation and condition upon her staying) which she took and then returned to work for two days only to find out this woman would not be terminated, violating the condition that must have been fufilled for her to remain there. So she quit. Now they are refusing to pay her for her used vacation time, even though they paid her for the days she worked before and after that vacation time. I live in NY and can't find anything in the labor laws regarding USED vacation time. I know if it was unused she is not eligble, but what about used time? Isnt that compensation for prior services?
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Old Aug 1st, 2008, 12:58 PM   #2
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Based on what you say here, she could file suit against them (or at least threaten to do so) in small claims court or in regular court; filing in small claims court is easier and requires no attorney. She may also report them to your state Dept of Labor.
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