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I started working for an employer in April and the offer was sent to me by email which included my wages, 2 weeks of vacation, medical and dental that I accepted. After about four and a half months I determined that that place was not a good fit for me for various reasons and put in my two week notice and left after the full two weeks. I have contacted the owner about a paycheck for unused vacation pay and he stated that I had not accrued any to that point. I had never signed an employee handbook stating that I had to work a set period of time in order to earn some vacation or that I would have to use it before I left or forfeit any unused vacation pay. As far as I know there isn't even an employee handbook. In Minnesota (the state I'm in) employees are entitled to unused vacation pay assuming they give proper notice and the company doesn't have a use it or lose it policy.
I am curious if the vagueness of the offer and lack of paperwork favors myself over the business or if that helps him more.
What steps could I take next if I am entitled to that pay and if he refuses to pay, would I have a strong case to take legal actions?
I really can't help much but the way vacation accrues should be outlined somewhere. USUALLY something like "x amount of hours per pay period", which with 2 weeks vacation as part of the offer would be around 6.67 hours per month. At 4 months you would have accrued approximately 26.67 hours vacation if the employer was doing this. I don't know if many employers front load the entire vacation anymore but they will usually allow you to "borrow" from future vacation accrual.
The fact that the vacation was in your offer leads me to think that you should be entitled to something. I am not sure how to proceed however.
It depends how vac is accrued. The key thing about "pay out" laws is that the employer has to be consistent with their own policy, so the vagueness of the letter is immaterial.That employer may credit its employees with two weeks of vac on their anniversary date; I have worked for several places like that. Start by asking them for a written copy of the policy stating how vacation is accrued.
Since you already know the basics, at this stage, all you can do is file a wage complaint or sue for non payment based on Lee v. Fresenius Medical Care. The Minnesota Supreme Court essentially said employers have the right and ability to impose conditions on payments for unused PTO or vacation upon termination of employment, when the conditions are incorporated into a clear policy. The burden to prove that a clear policy was in-force, that you were aware of the policy and that nothing subsequently has changed that policy will fall to the employer.
You can stand on the email and force the employer to produce something verifiable that shows the policy and your awareness of that policy. Just know they may fabricate something so start gathering your supporting evidence.
yes, that is my question too - whether on your paycheck or anywhere else, was there any documentation of accrued vacation days? What would have happened if you had requested time off?
At my company, you don't get any days for the first 6 months, then you get 5 days credited to you all at once, and you keep accruing from there (at least that's how it was when I started, they could have changed it and I wouldn't have noticed). So after 4.5 months, even though my job offer confirmed I would accrue 12 days per year or whatever the number was, it didn't go into details saying that I wouldn't get any of those days for the first 6 months.
At my company, you don't get any days for the first 6 months, then you get 5 days credited to you all at once, and you keep accruing from there (at least that's how it was when I started, they could have changed it and I wouldn't have noticed). So after 4.5 months, even though my job offer confirmed I would accrue 12 days per year or whatever the number was, it didn't go into details saying that I wouldn't get any of those days for the first 6 months.
In the OP's state, the presumption is that what an employee was told is fact unless the employer's documentation states otherwise. So, if told they get 12 vacation days, according to the MN Supreme Court, the employee gets 12 vacation days on day one unless the employer shows they had a policy spelling out the details of how those days are accrued, and what happens upon termination. The employer is also required to provide evidence that the policy was clearly written and that the employee was aware of the policy. If the employer can't prove it, the employee gets exactly what they have in writing.
In your case, the initial letter would be overridden by the company's written policy. In the OP's case, if the policy was never written or never given to the employee, the employer is out of luck and has to eat their bonehead mistake.
Is your 'vacation' PTO or is it two weeks a year (whole or in part)?
If it's PTO, you may have accrued 40+ hours depending on the PTO rate per hour/pay period. If it's not PTO, then your vacation time isn't granted/used until you've reached one year of employment.
I"m sure somewhere, in your your hiring paperwork, all of this explained. Seeing that it's not noted on your paycheck leads me to believe it's not PTO..but 'time'.
In my job you don't get vacation time until you've been employed for a year. You get sick time after a month. So you really need to check the policies of the company to make sure.
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