Legal Question in Employment Law in Pennsylvania

Accrued Vacation Time

I recently resigned from an employer with no notice (I had been repeatedly told verbally & in writing I was an At-will employee and the employer could terminate me at any time just as I could). I was told by the Human Resources person that I would be entitled to leftover vacation days from this year and the portion of accrued vacation time to be used next year. I was also asked if I needed the money in a total or would I be willing to spread this money out over the next several weeks because the company was in a cash flow bind. I agreed to help out by spreading out the money. After not receiving a check the second week, I called to ask what was going on. I was told that I was not going to be paid any of the accured time. The employee manual I received 14 years ago said I would be paid this time. An update of the policy 4-5 years ago failed to address this situation altogether, but I have confirmation from several employees who have left voluntarily in the last 2-3 years were paid this accrued time. The employer has also paid this accrued time to at least 1 fired employee 4 months ago. Do I have a good case for the money? Could I also receive compensation for legal services?


Asked on 12/26/01, 10:16 am

1 Answer from Attorneys
Thomas Martin Law Office of Thomas Martin

Re: Accrued Vacation Time

From what you describe it appears that you are entitled to be paid for the unused vacation time. Unless the company had a published policy providing that you forfeit that pay if you leave without notice, the failure to give notice should not effect your claim. Pennsylvania law does provide a right to be paid counsel fees for unpaid wage claims. You should make a written demand for the payment and if that does not work seek a lawyer to assist you.

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Answered on 12/26/01, 10:59 am


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