I had posted earlier about not being paid out vacation time from my company, and some more information has come forward that I am trying to clarify what my options are, if any.

My company admits to not applying their vacation payout policy for exiting employees equally to all employees. Some were prorated for the year, some were given their full balance. The company policy seems to state prorating is the correct method, but havent they essentially made that policy null by paying out others their full balance??

It would appear they could arbitrarily apply whatever policy they want to whoever they want doing it the way they have, and I feel somewhat discriminated against in this matter.

Do I have any options?

The fact that they may have paid out the balance in full to some employees does not obligate them to do so to everyone. Under the law, you are entitled to whatever time you have accrued at the time of your termination (voluntary or involuntary). They are not obligated to pay out what you would have earned over the remainder of the year. Unless who gets only the amount required by law and who gets what they would have earned later in the year is determined by a characteristic protected by law (race, religion, national origin etc.) they are allowed to handle it at their discretion.

hmmm....I find it hard to believe an employer can apply a company policy at will to whomever they like, while not applying it to others.....it makes for 2 classes of employees, which is by definition discrimination.

But not all discrimination is illegal. Every one of us discriminates every day of our lives. When you select the blue shirt instead of the green shirt, you're discriminating. When you order chicken instead of steak, you're discriminating.

In the employment environment, discrimination is illegal if it is BECAUSE OF race, religion, national origin, or other characteristic protected by state or Federal law. It is NOT illegal if it is based on length of tenure with the company, position with the company, who goes golfing with the boss, department, education, or any other characteristic that is NOT protected by law.