Legal Question in Employment Law in Louisiana
Accrued Vacation days
What deems "truly earned" vacation pay? If a policy states that you will get a certain amount of hours for vacation every day you work, but then states that at the time of termination disbursement of that pay is up to the discretion of the employer, is the employee still entitled to that pay because it was "accrued"?
Asked on 9/03/09, 5:26 pm
2 Answers from Attorneys
Larry Demmons
The Demmons Law Firm
In my opinion, vacation is "earned" or "accrued", if you could have
taken it prior to termination. These issues, however, are very fact intensive.
Answered on 9/08/09, 5:49 pm
Nick Pizzolatto, Jr.
Pizzolatto Law Office
I agree with Mr. Demmons. I think under what you said, that each day you "earned" so many hours, and you are entitled to be paid. But I have seen judges think differently.
Answered on 9/08/09, 6:59 pm
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