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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11248
Experience:  Significant experience in all areas of employment law.
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I have a question. is there a differance between a starting

Customer Question

Hello
JA: Hi. What seems to be the problem?
Customer: i have a question. is there a differance between a starting date and hiring date? When you terminate an employee and lets say they received there first paycheck 11/10/13 and they were terminated on 10/08/16 . am i as an employyer obligated to pay there 2 wk paid vacation and 1 week sick time if they were terminated before their hiring date?
JA: Have you documented this or discussed it with HR?
Customer: im self employed.
JA: Is the employment agreement "at will," union, full time or part time?
Customer: full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 1 month ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 month ago.

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

Am I correct in my understanding that you have a vacation policy that provides two weeks of paid vacation per year? What exactly does the policy say? Does the policy require payment of accrued vacation upon separation of employment? Lastly, what state are you in?

I very much look forward to helping you on this matter.

Customer: replied 1 month ago.
No. New Jersey.
Customer: replied 1 month ago.
Expert:  Patrick, Esq. replied 1 month ago.

Thank you for your reply. However, your "no" is a little unclear as I asked multiple questions so I don't know what you were responding to.

Customer: replied 1 month ago.
Ok
Expert:  Patrick, Esq. replied 1 month ago.

Can you please answer each of the following questions:

Am I correct in my understanding that you have a vacation policy that provides two weeks of paid vacation per year?

What exactly does the policy say?

Does the policy require payment of accrued vacation upon separation of employment?

Customer: replied 1 month ago.
No, there was no policy that states there there was no accrued policy in place, it was made clear to the employee that each year they would receive a two week vacation and 1 week sick time. Am I obligated to pay even after termination.
Expert:  Patrick, Esq. replied 1 month ago.

Thank you. I was not asking if there was a policy stating that there is no policy, but rather simply whether there is a written policy governing the terms of how vacation is accrued and paid. It sounds like there was not and that it was entirely verbal.

New Jersey courts have not provided much guidance as to whether an employee is entitled to accrued vacation upon termination of employment, but the general rule is that unless there was a contract or policy that specifically promised such payment that an employee has no legal entitlement to their unused vacation upon separation of employment. The same applies to sick leave. This means, regardless of how much time had been "accrued" based on what you consider the "start date," there would not typically be any obligation to make a payment for unused time. The unused time is lost.

I hope that you find this information helpful. 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 moving forward.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

Customer: replied 1 month ago.
I just spoke with someone about vacation time and sick time. there was a $5.00 fee to answer the question, but i didnt agree to the 50.00 or 33.00 dollars to automatically to be debited out of my account. If you could rectify this problem this would be great
Expert:  Patrick, Esq. replied 1 month ago.

I have forwarded your inquiry to customer service.

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