Thank you for your reply. As to the wages, neither NY nor Federal law require that an employer pay an employee for any time not worked after termination. In other words, even for salaried exempt employees NYS wage laws and the FLSA only require payment through last day actually worked. It doesn't matter whether notice was given, accepted or anything else. So, any claim, absent a contract that states otherwise, for that week of work he didn't actually work, would not be legally successful.
As for the vacation, under NYS law, vacation leave/pay is not required, but if an employer does offer it, then their policies control whether or not there is payout for any unused accrued leave. In this case, if the written policy is clear that there is no payout upon resignation, which as an "at will" employee, this would be even if the employer accepted the notice and made it effective earlier, there would normally not be a duty to pay the vacation pay. That said, if your husband can prove that the employer had a common practice of paying out vacation leave contrary to their written policy, then he might be able to win a small claims court case against the employer. He could also try filing a wage claim first for that vacation pay and provide the State will all of the specifics that he knows about their nonadherence to their written policy. But, if that fails, he would have to file suit.
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