Legal Question in Employment Law in Pennsylvania
denied vacation pay, reason gross misconduct
I quit my job after 7 years. I left on good terms and I was offered additional money to stay.After I left, I called to follow up on promised pay for 6 days of vacation. The HR person told me, she was told not to pay due to gross misconduct and I need to speak to the head of HR. I have left 3 messages and she does not return my calls. What is gross misconduct ? What can I do?
1 Answer from Attorneys
Re: denied vacation pay, reason gross misconduct
You asked about vacation pay due on termination.
You have two issues here. The first is the vacation pay due. It is unequivocal that vacation pay is earned as it is accrued. It must be paid upon separation as normal pay at that time. Pay may only be deducted with the explicit consent and agreement of the employee.
The second issue you have is the defamatory allegation of gross misconduct. If you left voluntarily then you should have an established record on your separation. You need to find out if the employer actually considers you to have committed gross misconduct or if there was an error.
It may be problematic if you seek another position and your former employer continues to defame you.
You should consult with an attorney to investigate further and determine if the former employer will hamper you future efforts at employment.
Regards,
Roger
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