Legal Question in Employment Law in Virginia

If one terminated employee received pay for unused vacation days, does the employer have to compensate ALL employees they terminate?

I was recently terminated from the Day Care I'd work for for nearly 10 years. As I live in the Commonwealth of Virginia ( a right to work state), they did not have to give me a reason for my termination. At the time I was still owed 1 week in vacation pay. Now from what I understand, they don't have to compensate me for my vacation pay in the Commonwealth of Virginia unless stated by company policy (and our handbook did not address termination; I was only the second person to be terminated in over 35 years and they emphatically stated "it was for no reason given"), but if another employee that had been let go had received their vacation pay, are they arbitrarily allowed to pick and choose who they will compensate or would I have a case against them? It's not that much of an amount ($275), but it's the principle behind it all and the fact that I was working for a church that you would think would have more principles than they do. Thanks so much for your time. Jaci


Asked on 7/01/10, 7:57 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

No, unfortunately, it would be my opinion that "they are arbitrarily allowed to pick and choose who they will compensate" based upon the facts described.

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Answered on 7/01/10, 1:16 pm


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