Q: My employer won't pay out earned vacation time I requested before terminating my employment.
I live in Lee County, Florida and recently quit my salary job. I had requested through email that my earned vacation pay be cashed out instead of taking my vacation. The owner verbally confirmed that the pay would be on my next check. Two days later, I walked out of my job. On my last check, they paid the prorated amount for my salary, but not the vacation pay. Is it legal not to pay it out after confirming that it would be on my check BEFORE I quit?
A: Yes, your employer can do whatever they want. Why? Because Florida is an “at will” state, which means employers are free to hire, transfer, promote, demote, suspend, reinstate, fire and rehire employees for any reason at any time, i.e., “at will.” The only thing employers cannot do is make any of these adverse employment decisions based upon an employee’s race, age, gender, disability, religion, marital status or national origin.
A: Florida may be different, but in Ohio, vacation pay is not a gift or gratuity. It is a deferred payment of an earned benefit. In Ohio, courts have enforced company policies regarding the payment or personal or vacation time upon termination of employment. Depending on how much vacation you are owed, it may be worth it to set up a consultation with an employment law attorney in Florida to discuss your options. I am not familiar with Florida state law on this issue.
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