Legal Question in Employment Law in North Carolina
Companies that require the employee meet certain conditions to be paid for accrued vacation time must clearly define these conditions and the consequences of violating these conditions. Vacation policies must be applied fairly and equally to all employees. I was denied my accrued vacation time yet another employee received. The company handbook did state that accrued vacation pay will not be given to employee whether employee quit voluntarily or was terminated. Why did one employee receive and I did not? Gross misconduct was NOT part of my termination.
1 Answer from Attorneys
In your inquiry, you made a statement which is incorrect. Employers do not have to apply vacation, leave, and other benefit policies equally and can do so arbitrarily. The only exception to this is discrimination...an employer cannot discriminate in making its decisions.
If you are saying when you left, the handbook stated that you would not get your accrued vacation. If the company decided to pay another person, that doesn't in itself entitle you to a payment; there may have been other considerations that made that payment necessary or desired. In any event, you should take a copy of the handbook and consult with an employment lawyer in your area.
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