Legal Question in Employment Law in Georgia
vested right on my sick leave and holidays
Do I have a vested right in my sick leave and holidays? If I resign/quit or fired am I entitled to full pay for unused sick leave and holidays?
Second question? If I am instructed by my employer to fire a subordinate. Can I refuse and if I do can I be fired? I was advised that I can refuse as it is my constitutional right not to do smething against my will and I cannot be fired becasue that would be retaliation. Is that corrct?
1 Answer from Attorneys
Re: vested right on my sick leave and holidays
Generally, there is no right to compensation for unused sick and vacation pay. However, an employer's past practices and/or contractual obligations may require the company to compensate for such time. As to your second question, Georgia is an at-will state, which basically means that an employer may fire an employee for any reason as long is it is not illegal. Firing an employee for failing to fire another employee is not illegal, and, absent a contract or other change in the at will status, you could be fired for refusing to fire someone else.
The foregoing information is general and educational information only, not legal advice. Check with your attorney for specific legal advice. No attorney/client relationship has been created or should be implied.
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