Legal Question in Employment Law in Florida
fired while on vacation
I was fired by telephone after leaving for a paid vacation, does that employer owe me any of that vacation pay?
2 Answers from Attorneys
Re: fired while on vacation
Mr. Stern's analysis is correct. However, in past cases I have taken the position that vacation pay is an earned benefit constituting part of the employee's compensation and therefore must be paid. Case law goes both ways on this, but I have been successful in obtaining vacation pay for clients. Give it a try - you have nothing to lose.
Re: fired while on vacation
Florida law does not have a statute requiring vacation benefits be paid out. If you had an enforceable contract with your employer, you would have a claim under the contract. Otherwise, people have brought claims to try and enforce provisions contained in an employee handbook, but as a rule, a handbook in Florida does not constitute a valid contract.