Am I Entitled to Vacation pay even though I was Terminiated?
Full Question:
If a company terminates and employee who has been there for five years , should they hold on to his vacation pay or is the employee entitle to be paid the vacation pay?
05/26/2007 |
Category: Employment |
State: Virginia |
#5970
Answer:
In Virginia, whether vacation pay has to be paid to terminated employees depends on the agreement or policies of the company.
The Virginia Supreme Court of Appeals has stated in this regard:
“Pursuant to W.Va. Code § 21-5-1(c)
(1987), whether fringe benefits have then accrued, are capable of calculation and payable directly to an employee so as to be included in the term ‘wages’ are determined by the terms of employment and not by the provisions of W.Va. Code § 21-5-1(c). Further, the terms of employment may condition the vesting of a fringe benefit right on eligibility requirements in addition to the performance of services, and these terms may provide that unused fringe benefits will not be paid to employees upon separation from employment.” Syllabus Point 5, Meadows v. Wal-Mart Stores, Inc., 207 W.Va. 203, 530 S.E.2d 676 (1999).
