Employee/company policy states unused vacation pay will be paid at time of separation. It is also regular company practice. Employment contract states: Employee shall be entitled to any unpaid compensation due and owing on the date of termination. Company shall not be obligated to pay any other compensation. Employee acknowledges that company does not have a policy providing, and this agreement does not provide, for any severance or other payment at termination, except as noted herein. Termination letter states: Please notify Director of Operations, of any additional vacation time you are due, based on the pro-rated entitlement of 8 days for the period worked in this calendar year. Employer denied payment claiming I used vacation, which is untrue. TWC is denying based on employee contract
On the limited information provided, it is difficult to state what it may mean. I strongly suggest that you consult with a labor/employment attorney as soon as possible. You should provide the attorney a copy of the business policy, copies of your contract with the company, if any, what you filed at TWC, and a copy of your several paycheck stubs, particularly the last one. The latter should indicate whether you were charged or if funds were deducted for use of vacation etc.
My response herein is an attempt to give you general information and direction and is not intended to constitute an attorney-client relationship as perceived by state law.
The employment contract governs your specific situation. Your matter turns on whether the company can prove you did take vacation time.
In general, the specific employment contract terms prevail over the company's general policies, if there is a conflict. Since you have been terminated, i suggest contacting an attorney to review your specific situation and determine if a breach occurred. That can only be done by discussing the facts with you and analyzing the contract and company policies.
I provided this response for informational purposes only, and nothing stated should be construed as legal advice specific to your situation since I have not been provided with all the facts and details. If you would like to consult directly with me, you would have to contact me privately for a consultation. Even then, I am not your attorney unless you and I sign an agreement to that effect. I am not licensed to practice law in any state other than California and this response is not intended to be considered as a solicitation of legal services. Please consider how much you have paid for this response before relying on it to determine your legal rights and obligations.
The terms and provisions of a contract for employment will "trump" any general policies of the company. However, if there are written policies (an employee handbook, for instance) and the employment contract incorporates those policies into the contract by reference, then they would also be looked at to determine any outcome. You should seek the advice of an employment attorney and show them the employment contract and, if necessary, any other documentation such as an employee handbook. You can find an attorney using the Avvo Find a Lawyer tool. Best Wishes!
The contract will always prevail over general policies but here the issue is not whether the contract controls but what is meant by the contract term "unpaid compensation" and the employer's policies certainly could provide some or all of the meaning of that term. There may be other contract provision, however, that address the issue without having to look to external sources. It is impossible to say for sure without reviewing all of the documents.
You should talk to an employment lawyer in your area about your options to pursue payment.
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