Q: Can I win a case against my former employer if I quit while I left on vacation ?
I recently quit my job due to overwhelming stress I was working 56-70 hours a week performing 5 different job titles I suffered from anxiety , and hair loss I have a doctors note which gave me a few days from work which were not taken off due to lack of staff (they did not force me but I felt responsible to do my job ) would the doctors note be enough proof proving the stress I was under or will other proof need to be obtained ?
Secondly my vacation time was not paid due to me quitting while I was on vacation Is this owed to me ?
Lastly my job is under the impression that I quit due to them hiring new staff and offering more pay than what I was receiving not because of my overwhelming tiredness and stress
A:
Generally, you cannot sue your employer for placing you under severe stress. Your only option is filing a workers compensation claim, and some times those kinds of claims will be accepted by that system. You need to immediately consult with a workers compensation attorney to determine if you have such a claim. However, timelines are very short after you quit to make such a claim, so move extremely fast to get such a consultation.
As to your vacation pay, whether you should be paid out that pay depends on the way vacation pay is earned at the company. If at that company you build up time "on the books" (i.e., accrue) to be used when you take vacation, that time built up is yours, cannot be taken from you, and must be paid out within 72 hours of the date you quit or on your last day, whichever is later. If vacation pay is not accrued, but you are simply allowed to take time off and get paid as a benefit, then there is no duty to pay money that had not been accrued. It would be wise for you to consult with an employment law attorney to see if you have any rights in that regard.
Good luck to you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
