Employment Law

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I have a retail store manager who took his paid week

Hello :) I...

Hello :) I have a retail store manager who took his paid week vacation and quit his employment after his week of vacation had ended without returning to work. Am I required by law to pay him for his vacation seeing that he quit without returning?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full TIme

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No ty

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Answered in 5 minutes by:
11/14/2017
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 18,161
Experience: Licensed Texas General Practice Attorney
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Unfortunately you would need to pay this. While Florida doesn't require that you pay out unused vacation time upon separation (unless there's a written employment policy that says you will), in this situation it was used. The date of separation was essentially when he was to return and didn't (that's when his formal quitting was). This is even in the situation when he didn't tell you about this, and if it was his plan the entire time. Now if you had a policy that said that vacation will be paid out only if the employee returns and works for at least 2 weeks, etc... then that would be enforceable. I assume that you don't have such a policy, and as such, this would need to be paid.

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 18,161
Experience: Licensed Texas General Practice Attorney
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Customer reply replied 8 months ago
Very satisfied with the response. Thank you!

You're welcome, and again, good luck to you!

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