You are here:

Employment Law/Unpaid Vacation Pay

Advertisement


Question
Hi, In my handbook it states that the employee forfeits the vacation pay if they are terminated for disciplinary reasons.
But what happens when another employee was given vacation pay upon her disciplinary termination?
Is it alright for one employee to get it because she raised a stink about getting all of her money? She told me herself that she got an almost $500.00 last paycheck. She was a server, they don't get those kind of checks. I would hope that this would not make a difference but the other employee is African-American.
I don't think this is fair, to treat one employee different from another.
The employers name is: Crescent Hotels and Resorts in Livonia, Michigan.
Thank You for your time.
Sincerely,
Maureen

Answer
They probably caved in to this employee because she is a minority and they did not want hit with a discrimination lawsuit. I would make some noise and try to get them to pay it.

You could take it to the Department of Labor and argue the case that one employee was paid her time upon discharge which set a precedent, however, since it is written in the handbook I do not know if the Department of labor will help. It is worth a try.

Shirley

Employment Law

All Answers


Answers by Expert:


Ask Experts

Volunteer


Shirley McAllister, CPP, PHR

Expertise

I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).

Experience

30 years in Payroll and Human Resources

Organizations
SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

Education/Credentials
PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

©2016 About.com. All rights reserved.