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Old 05-10-2006, 10:29 AM
RRH RRH is offline
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Join Date: May 2006
Posts: 2
Default Denial of Vacation pay upon termination

We are so angry! My Fiance works for a large insurance company in Maryland. She had 3 weeks of vacation time accrued including one week that she had purchased through regular payroll deduction. She is voluntarily terminating her employment due to many questionable ethical practices that were commonplace at her company that she was unwilling to buy into. She was a stellar performer while she was there. Our question is this: apparantly it is "company policy" that when an employee voluntarily terminates their employment, that employees loses any accrued vacation pay. Can they legally do this? I know in California they can't. Do we have any recourse? Does this violate some law, ERISA, etc? What if we were to file a class action suit and subpoena the names of every single employee who had voluntarily terminated their employment and had been forced to forfeit vacation pay,and notify them of a pending class action suit that they could participate in?
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Old 05-10-2006, 10:56 AM
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Join Date: Jun 2005
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Here is a link to the help you need.

http://www.dllr.state.md.us/labor/wa...usedvacpay.htm

Here is the table of contents were I found the above passage:
http://www.dllr.state.md.us/labor/wagepay/
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Old 05-10-2006, 02:50 PM
RRH RRH is offline
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Great Information, thanks much!!!! Does this mean that even if the company has some weasel clause in their employee handbook that vaguely mentions that an employee will forfeit any unused vacation time at termination, we still have a case if she was not specifically notified or otherwise made aware?

Thanks again, LegalEagle!
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Old 05-10-2006, 03:09 PM
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Join Date: Jun 2005
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If it is in an employee handbook that your fiance received and possibly signed then you are most likely out of luck. This would be considered adequate for informing the employee. That info that I found does not specifically say that they have to be verbally told. An employee handbook notification would suffice.
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