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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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Hi. I have worked for a corporation for 7.5 years. Approximately

Resolved Question:

Hi. I have worked for a corporation for 7.5 years. Approximately 2 years ago I got a new boss. Her management style could be called Hostile or Bulling. I have complained to the CEO and to Human Resourses. It is my understanding that my boss has had law suits filed against her for this behavior from others as well as many other complaints.

Because I consider this a hostile environment I have given 2 weeks notice. I also have FMLA due to my terminally ill mother. Today the HR VP gave me the "Policy" that states you need to give one week for every week of vacation time entitled to you upon resignation.

Due to the feeling that I am terrified and have high blood pressure due to my bosses treatement to me I feel 2 weeks should be sufficient. Do I have any rights to maintain my accrued vacaton time paid out?

I have 26 vacation days accrued (because my mother is terminally ill I have saved time in the event she needs me even more and now due to the hositle environment feel I needed to find other employment to maintain my own health). Even if I work the 2 weeks I gave notice for they have stated that I will not get any of my vacation time paid.

Is there anything I can do?

Shelly
Submitted: 9 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 9 months ago.
Shelly,

Hello and thank you for entrusting me to assist you. My name is XXXXX XXXXX X will do everything I can to answer your question.

I am very sorry to hear about this predicament and the health of your mother. With regard to your specific question, first please understand that New Jersey employers are not required to provide employees with vacation benefits, either paid or unpaid. Since employers provide these benefits voluntarily, the only limitations and restrictions that NJ law will recognize are those which are contractually imposed. In other words, entitlement to accrued vacation is entirely a function of what your contract says about whether--and how much--you will get upon separation of employment.

If your contract requires one week of advance notice for each week of accrued vacation, you must provide notice in compliance with those terms to receive all of your accrued vacation. Likewise, your employer MUST pay your accrued vacation (since this instituted a policy so requiring) if you provide the requisite notice and have the accrued vacation.

Your only argument to quit with less notice and still collect all your vacation would be the argument that your separation of employment is really a "constructive termination." That is, although you are quitting you are quitting due to such unbearable working conditions voluntarily created by your employer that you essentially have no choice in the matter and so, for all intents and purposes, are actually being terminated.

Constructive termination is difficult to argue, since it requires showing that a reasonable person genuinely desirous of retaining employment would have been compelled to quit under the same circumstances. If you can show this (or at least plausibly allege it in a letter to your employer), they may decide it's not worth the risk of litigation and pay all your accrued vacation notwithstanding that you did not comply with the contractually imposed notice requirement. This would be your only argument for entitlement to the whole amount.

Otherwise, you are legally entitled to vacation in accordance with the terms imposed by your contract.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes and kindest regards.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 6740
Experience: Significant experience in all areas of employment law.
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