in Delware What rights do I have to receive unpaid vacation time that was accrued and to be taken after employment anniversary date. Manual says one thing but actual implementation is different and verified by payroll. Requested accrued vacation pay in last check after giving 3 weeks notice and was told I already had taken when what was taken was earned from the previous employment year. :confused:

Did the policy change? Have you checked with HR? Ask for a reconciliation of your vacation account.

Actually we went to the labor board and they lied so the labor board ruled in their favor. We filed a lawsuit in Court of common pleas and they came back and wanted Superior court with a jury trial. So we went to arbitration and I had the payroll person that is still employed by them testify on my behalf and the former employers lied again but this time they had requested a court reporter to document testimony. The arbitrator ruled in their favor, frrankly because I think he was confused and after the witness left, the former employers lied again. So I guess we are going to trial but this time I am gathering many former employees who will state that this was how vacation worked even though it contradicted the policy manual, which was not accurate in the first place. Is there some type of presedent that I can refer to that can substantiate policy vs actual implementation??

Does nayone know if vacation policy was never followed but in manual and actual documented vacation by employees which did not follow manual; is there a presedent for this?????

That is something that the court will need to decide. It isn't as simple as saying that past practice trumps a written rule or vice versa.