I worked for a company for 16 months. When I was hired the person who hired me stated that I was entitled to a weeks vacation after one year. (My anniversary date was May 30, 2006). There were no handbooks, etc. on this policy. On voluntarily quit on August 16, 2006 and gave six weeks notice. I had asked if I could get paid for my vacation starting August 17th. My manager said she didn't know why not. (Manager was not the same person who hired me) To date, I still have not received my vacation pay. I have called the manager and she said she spoke to the owner and he stated that you must work the day before and the day after to be paid for your vacation. This is the first I had ever been told of this. I believe there is a communication problem between the owner and the manager. I don't believe she mentioned my vacation pay to him prior to me leaving. Do they need to pay me for my vacation? How should I handle this? I am upset because I missed one day of work the entire time I worked there and it was scheduled off four weeks before.

The right to vacation pay at termination under PA law is not absolute. All the law requires is that the employer adhere to its own policies regarding such payment. I agree that there does seem to be some miscommunication between your manager and the owner, but the owner, as the owner, will win that one.

Especially if it IS the policy that you must work the day before AND after your vacation to get paid for it, that would automatically mean that you wouldn't get paid for vacation at termination; you can't work the "day after" if you're no longer employed.

All policies don't have to be in written form, however. Past practice can also indicate a "policy". Would you have any idea whether they had paid out accrued vacation at termination in the past?

Part of the problem is that this company has a high turn over rate and most employees don't stay long enough to accrue vacation. Most quit after a few months or just stop coming back. Other than the managers at the other locations there were only two people with longer seniority than me. I don't think it has ever happened before and he is just trying to save some $$.

Unfortunately, you have gone up as high as you could to resolve the problem.

I have heard companies require employees to work the day before and the day after a holiday to be paid for the holiday, but never, ever heard that excuse for not paying for vacation.

It is not unusual, where legal, for companies to refuse to pay accrued vacation to employees who are quitting. Such a policy is legal in PA, so the owner did not really need to concoct the strange excuse that he did.

You will be better off working for another company. Almost any other company.