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Attorney & Mediator
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Category: Employment Law
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Experience:  Attorney at law and Just Answer Legal Mentor
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I gave my employer a date I would be leaving for other employment

Resolved Question:

I gave my employer a date I would be leaving for other employment a month ahead of time; they found a replacement for me, I trained her. Two weeks prior to my scheduled departure date they told me I could leave; I still have a weeks vacation left which the office manager said she would pay me for since they told me I could leave early. My immediate supervisor said he wasn't going to pay me my week of vacation since I was leaving anyway. I feel since I still had 2 weeks left and thats how I figured out my finances they should pay me for my vacation or 2 weeks severance pay since they told me to leave earlier than my departure date. Am I wrong for thinking this way; I have been there 5 years did my job plus. What is your advice? Thank You for your time.
Submitted: 5 years ago.
Category: Employment Law
Expert:  Attorney & Mediator replied 5 years ago.
The employer is not required to provide you with any severence unless they offered this to you or there is policy in place to give this to you. As to vacation pay, if the employer has offered it, they cannot deny what has already been accrued regardless of the fact they are letting go of you early. So based on LA law [see below] you would have a right to ask for your accrued vacation time.

Vacation

In Louisiana, employers are not required to provide employees with vacation benefits,
either paid or unpaid. If an employer chooses to provide such benefits, it must comply with
the terms of its established policy or employment contract.

An employer cannot refuse to pay accrued or earned vacation to employees upon
separation from employment merely because they were terminated, regardless of the
reason. See
Beard v. Summit Institute of Pulmonary Medicine, 707 So.2d 1233 (La. Sup.
Ct. 1998).

Accrued or earned vacation must be paid to an employee upon separation from
employment if the company policy or employment contract is silent on the matter. See
Beard v. Summit Institute of Pulmonary Medicine, 707 So.2d 1233 (La. Sup. Ct. 1998).

Louisiana courts are split regarding whether an employer can refuse to pay an employee
accrued or earned vacation upon separation from employment if the employee fails to
comply with certain conditions, such as giving two weeks notice. See e.g.,
Beard v. Summit
Institute of Pulmonary Medicine
, 707 So.2d 1233 (La. Sup. Ct. 1998) (Supreme Court
refused to explicitly state any restriction on payment of wages upon separation from
employment was unlawful, but cited favorably to those cases that do);
Lee v. Katz and
Bestoff, Inc.
, 479 So.2d 459 (La. App. 1st Cir. 1985) (employer cannot place restrictions on
employees to receive payment for accrued vacation). Contra., e.g.,
Huddleston v. Dillard
Department Store
, 638 So.2d 383 (La. App. 5th Cir. 1994) and Landry v. Pauli’s, Inc., 496
So.2d 431 (La. App. 5th Cir. 1986) (employers can place restrictions on employees when
paying out accrued vacation upon separation from employment).

An employer may cap the amount of vacation leave an employee may accrue over time. See
Wyatt v. Avoyelles Parish School Board, 831 So.2d 906 (La. Sup. Ct. 2002); Beard v.
Summit Institute of Pulmonary Medicine, 707 So.2d 1233 (La. Sup. Ct. 1998).

An employer may implement a “use-it-or-lose-it” policy requiring employees to use their
leave by a set date or lose it. See
Wyatt v. Avoyelles Parish School Board, 831 So.2d 906
(La. Sup. Ct. 2002).



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Customer: replied 5 years ago.
So from your answer I am assuming that I could ask them to reconsider paying me for my week of vacation that I have accrued.
Expert:  Attorney & Mediator replied 5 years ago.
Correct, if you have earned it and they have offered to pay it then you are entitled to it or else you can sue them for the breach.


_______________________________________________

Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

Attorney & Mediator, Lawyer
Category: Employment Law
Satisfied Customers: 20012
Experience: Attorney at law and Just Answer Legal Mentor
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