What to do if I was fired so that my employer could avoid paying my vacation time?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if I was fired so that my employer could avoid paying my vacation time?
I’ve been working at my job for 11 months and 3 weeks. I got terminated today because of being tardy. At the place I got terminated from our vacation hours don’t drop until the anniversary of the day we got hired (which is next week). I was scheduled to work today which I did and wasn’t scheduled to come back to work until the day after my 1 year anniversary. Is there anything that can be done because it seems as though they fired me today to not have to pay me my vacation time which is 60 hours? Can anything that can be done?
Asked on January 11, 2013 under Employment Labor Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Unfortunately, it is legal to fire an employee to avoid providing him or her vacation time, or to avoid paying a bonus; and more generally, unless you had a written employment contract, you would have been an employee at will, who may be fired at any time, for any reason. Therefore, while what you describe seems unfair, it is most likely legal.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.