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I believe that someone who resigns or gets laid off is compensated for vacation days not when they are fired.
Will be emailing the manager regarding the three days.
I know the new hotel construction is a ways off; the first one set to open in September, of course may not open on time but I hope to interview when they post for applications. Until then, will be sending out resumes to applicable openings. The UE benefit will hopefully just be a bridge for the moment.
Florida's statutory definition of wages includes all forms of remuneration for an employee's services, based on time worked or production output. The Florida Supreme Court has ruled that vacation pay, if promised by implied or express contract, is included in this definition. Thus, if an employee leaves the payroll, the person's accrued, unused vacation must be compensated in accordance with the employer's accrual plan (FL Stat. Sec. 443.036(31); FL Stat. Sec. 443.1217; Ferry v. XRG International, 492 So. 2d 1101(1986)).
So, Florida says, if the employer provides vacation time, then an employee who has accrued vacation time must be paid for it upon separation.
However.. The key thing here is the accrual method.. The state does not regulate that. so, in theory, the company could say that you get 2 weeks of vacation time each year, which you 'earn' on December 31st.. But you're allowed to use vacation time prior to accruing it. So.. That would give them an out.. If I left or was terminated on December 30th, and had 9 days of vacation time that would have accrued the next day.. They'd owe nothing for that. And, a real snarky thing the company could do is say that you aren't allowed to carry any vacation time over.. So, in that case, you'd have to use it before you earned it, and if they canned you before December 31st.. Technically they could say you have to repay for use of vacation time that you hadn't accrued yet.
So, policy manual defining the accrual period of your vacation time is very important here.
So, Florida says, if the employer provides vacation time, then an employee who has accrued vacation time must be paid for it upon separation.
However.. The key thing here is the accrual method.. The state does not regulate that. so, in theory, the company could say that you get 2 weeks of vacation time each year, which you 'earn' on December 31st.. But you're allowed to use vacation time prior to accruing it. So.. That would give them an out.. If I left or was terminated on December 30th, and had 9 days of vacation time that would have accrued the next day.. They'd owe nothing for that. And, a real snarky thing the company could do is say that you aren't allowed to carry any vacation time over.. So, in that case, you'd have to use it before you earned it, and if they canned you before December 31st.. Technically they could say you have to repay for use of vacation time that you hadn't accrued yet.
So, policy manual defining the accrual period of your vacation time is very important here.
Right on ~ I emailed & was told that I had "taken my five vacation days for 7/25/13-7/5/14 and as of February 7th was only owed 2 days for 7/5/14-2/7/15. Now, that's six months into my second year of employment. If I get 10 days after two years (would have been 7/25) I was thinking that I would be owed 5-6 days as of 2/7. I took two last month (remember mgr had asked me to take "5" & according to employee handbook, that was a black out period for no vacation due our "season" in full swing). So in my email, I asked for compensation for three remaining days.
Mgr. response was they didn't owe me anymore but would pay me for a "third" day at my hourly/salary rate. Then, mgr. listed my termination date as January 6th...Wth?! I worked the whole month of January & my last day of "work" was February 7th. This was documented in her email to me. Thoughts?
Once you are eligible, vacation time is accrued starting January 1st every year, not starting on your anniversary date.
Please check this out:
"you completed one year on July 25th 1014. At this point you took 5 days for that accrual period.
New accrual year started July 25th 2014 and a complete accrual year would be July 29th 2015.
· Your termination date is January 6th, 2015 thus your accrual is from July 25th 2014 to January 6, 2015 (giving you the benefit of the entire month of July and January you have accrued 7 months.
· Your assumption that you have 3 days left is based on working a complete year of 12 months.
Here is how we calculate:
If you worked 12 months you would get 5 days vacation time
Of 365 days you worked 165 days, which suggests you earned 2.26 days of vacation
You already used 2 days, all that is left is .26 days. Even though you did not earn the third day we will pay you the full third day wages which would be at you salary"
Again, my start date was 7/25/13 & my end date was 2/7/2015. Mgr obviously flustered (wrong termination date 1/6/15).
I've not seen it done that way before and I'm not sure why, if your start date was the 25th of July that a complete accrual year would end on the 29th of July.
Did you copy and paste this? If you did, she got the year wrong in saying you completed one year on July 25th 1014.
Write her back and tell her the last day you worked was February 7th. I'm not sure why you're not just doing that.
Write her back and tell her the last day you worked was February 7th. I'm not sure why you're not just doing that.
Why does it matter? They're paying her the 3rd day.. So, if you consider the additional 30 days, that would be 195/365 which would be .53 days.. Which, if you rounded up would be the third day.
I would correct them that the last day was February 7th vs January 7th.. For unemployment purposes. But, so far as having to do with vacation.. Sounds like OP is getting what they have coming based on company policy, which is in compliance with Florida law.
Why does it matter? They're paying her the 3rd day.. So, if you consider the additional 30 days, that would be 195/365 which would be .53 days.. Which, if you rounded up would be the third day.
I would correct them that the last day was February 7th vs January 7th.. For unemployment purposes. But, so far as having to do with vacation.. Sounds like OP is getting what they have coming based on company policy, which is in compliance with Florida law.
I did email mgr. back to correct date of termination. I think I was pocket dialed re: telephone call as I have not called back & neither has mgr. I'll be compensated for the "3rd" day which is better than zero in accordance with what has been mentioned earlier in this thread.
I really appreciate everyone's replies & hopefully this post will be useful to anyone else who finds themselves in this kind of position.
I am happy to say that I was compensated for two days & as the song goes, "take the money & run." Seriously, I think in Florida, it's very difficult to contest this kind of issue; the strangeness with being asked to take my week vacation back in January was quite unusual being terminated after the first week of February. Thank gosh this is over!!! Thank you everyone for your input & hope this might help someone else out.
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