Legal Question in Employment Law in Virginia

Unpaid Personal Leave after Termination

I was terminated from my job without cause. I live in an ''at-will'' state, so I don't think there is much i can do. However, I did have 5 personal days, and 5 sick days saved up prior to my dismissal. There is nothing in my contract or employee handbook that says I would not receive my days with my final pay when I left. When I asked the HR director, she said ''It is not their policy to pay for sick days or personal days after termination.'' However, there is nothing in the employee manual that states this.

From my research, I show that an employer is not required to provide sick or personal days, but if they do, an employee is entitled them after they leave unless there is a specific policy outlined that they DO NOT receive their accumulated days.

Also, my employer smoked in our office, knowing I am highly allergic to cigarette smoke, and that smoking is not permitted in public workplaces. Is this an OSHA claim?

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