Legal Question in Employment Law in Virginia
Accrued vacation & severence
I was terminated from my job and received severence. My employer claims that my 10+ days of accrued vacation/personal days was included in my severence. I work in VA. Is it legal for them to include accrued vacation/personal days in severence? There is a written employee handbook that includes Accrued Vacation/Personal days. Do they legally have to pay me for the days I earned but was not able to use?
1 Answer from Attorneys
Re: Accrued vacation & severence
No, unless you earned such compensable time while working under an enforceable contract of employment which specifically provided for the payment of such compensation upon your termination of employment. (The employee handbook would not likely be an adequate substitute for such a contract.)