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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
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Experience:  Employment/Labor Law Litigation
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We have an employee who doesnt think that our Employee Manual

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We have an employee who doesn't think that our Employee Manual does not apply to him.
One week ago yesterday he called our floor manager and told him that he was going to start his vacation the following day and he expected to be paid for it. According to our manual, he was to give us a two week notice, unless it was an emergency, and his notice was to be approved by my husband or myself. We own the store. What recourse do we have when or if he returns today? Customer
Kile's Ace Hardware
XXX-XXX-XXXX [email protected]
Hello, my name is XXXXX XXXXX I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines.

You can fire him for job abandonment and seek to block his unemployment if you wish. He violated a company policy, which you had established in writing. Florida law, and most other state's laws, don't dictate how an employer is to operate their vacation policy. They only require that, if you establish a policy, that you follow what you've written.

You'd be well within your rights to terminate his employment or make the time off an unpaid suspension, if you wish to keep him on payroll but want to teach him a lesson.

If you do choose to terminate him, you must pay out accrued vacation in Florida under your vacation plan. So, you could also say to him "you wanted your vacation pay. Fine, here is your last check with your accrued vacation pay in it. You are terminated as of today for violation of our company policy. We will be seeking to block your unemployment."

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