Legal Question in Employment Law in Maryland

Holiday pay

If someone has given their two week notice, (after working for a company for almost 4 years), should they lose their holiday pay if it fell within those two weeks?


Asked on 7/10/03, 6:37 pm

1 Answer from Attorneys

Re: Holiday pay

The company can not deny you holiday pay just because it fell within the notice period. (Which, by the way, you were not obligated to give, so it was kind of you to do so.) They must follow their regular policy. Thus, for example, if you are entitled to holiday pay by virtue of working the rest of the week, you should still get it.

You should discuss the situation with HR or a supervisor if possible. Perhaps that will solve the problem. Make sure to be civil and diplomatic. There is no need to burn any bridges. If that doesn't work, you can call the Maryland Labor Dept. for wage and hour help. The contact info is:

Division of Labor and Industry,

Employment Standards Service,

1100 North Eutaw Street, Room 607,

Baltimore, Maryland 21201,

(410) 767-2357,

Fax (410) 333-7303

If they cannot persuade the employer to pay,

and if the amount is less than $2500, you can go to small claims court.

A court may award 3 times your wages, plus attorneys fees and costs, if they find that the wages were withheld "in violation of the law and not as a result of a bona fide dispute."

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

6932 Mayfair Road

Laurel, MD 20707

301.604.2497

fax: 301.776.3954

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.

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Answered on 7/10/03, 8:45 pm


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