Legal Question in Employment Law in Florida

vacation pay

I verbally agreed to pay an employee vacation after one year with my company....however he was with me only 10 months...on his 10 ( month ) check I wrote ''one day vacation'' because he needed a loan and i figured I would adavnce him that day.

Now he is suing me for one week vacation pay.

We are going ti trial at the end of August and my question is : 1. Can he sue me or should he be suing my corporation , since he worked for the Compant and was paid with a Company ck.?

2.Is this breech of contract, when he was with me only 10 months? ,what does the law say?


Asked on 8/08/02, 9:11 am

1 Answer from Attorneys
Keith Stern Shavitz Law Group

Re: vacation pay

While I obviously cannot comment on the specifics of your particular case, in general, Florida law does not obligate an employer to pay an employee vacation regardless of any period of service. However, if you had a WRITTEN policy that was distributed to employees, courts sometimes do enforce a company's self-inflicted obligation to pay vacation. Based on the information provided, the employee does not appear to have any chance at all of prevailing at trial--but for what some judge may rule irrespective of the law of course. Secondly, there does not appear to be any grounds for suit being brought against you personally. You therefore should have moved to dismiss the case and should still attempt to do so if procedurally possible.

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Answered on 8/08/02, 9:16 am


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