Q: I have been refused pay for accrued vacation. What should I do?
I have been refused pay for vacation that I accrued in 2017. My company switched to an unlimited vacation policy in 2018 and the notice for this policy was first released in February of 2018. My HR representative claims this notice is sufficient nullify my benefits for vacation I previously accrued in 2017. However, this is at odds with the Labor Law Obligations to Employees published by the New York State Office of the Attorney General:
"...it is legal for an employer to have a vacation policy which requires that earned vacation not taken during a specified period be forfeited, as long as that condition is not imposed after the vacation was earned. A benefit accrued in accordance with all the conditions attached to it at the time it was offered, cannot thereafter be lost by the imposition of a subsequent condition. Nor may an employer deny earned benefits to an employee because he leaves his employment."
How should I go about collecting the supplemental wages I am owed?
A: You can be 100% right, and still lose in the end? You have options before you, talk to an attorney about all of your options.
A:
Have another job lined up just in case you lose this one.
No union, no contract, no government job? Then you are considered, as most, an "at will" employee.
You could recover your vacation and lose your job for some other unrelated but legitimate non-discriminatory reason.
Since you have done your legal research you are aware of every employee's common law duty of loyalty to their employer. You certainly have never posted negative comments online or made negative remarks about your employer or supervisors correct? They don't need a reason to fire you as you know but negative comments would violate your common law duty would they not? I often tell people a loss can be a win when the big picture is considered.
Call the DOL if you're still not sure - after that replacement job is shored up just in case.
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