My boss, who I have been very loyal to and like family (her words), has informed me that I will not be paid for my unused vaction time. Vacation time was 1 weeks pay upon 1 year of full time employment, due to my husband being transfered out of state, I am leaving and have not had the opportunity to use my vacation time which I just got last month.

I know some states require payment for unused vacation time, I am hoping SC is one of them (doubtful). Can some one help. Is there any recourse or did my boss just screw me?

Thanks!

No, unfortunately, SC does not require the payout of vacation on termination.

Actually, the SC Payment of Wages law classifies vacation time as wages. And an employer will be required to pay unused, but earned vacation time if the company policy credits the time to the employee and the policy doesn't specifically say that the vacation time will be lost or unpaid if an employee terminates. It all depends on what the policy or employment contract, (yes even a verbal agreement) promises the employee. And remember the Employer is required to have notified the employee in writing of the terms of employment. So the burden is on the Employer. Employees can file a Payment of wages claim with SC LLR.

Question...

My husband worked for a regional engineering firm (headquarted in Charlotte NC). He was hired to open an office for them in South Carolina. After 6 months of employment (June 2005), he was made a Vice President. In November 2005, the company notified employees of a change in their vacation policy. Upon termination/resignation, they would only pay up to 96 hours of accrued/unused vacation time. This policy went into effect December 1, 2005.

At my husband's 1-year review, he was "let go." This came as a total shock. At the time of termination, he had 155 hours of accrued vacation time. All of this 155 hours was accrued prior to the December 1st policy change. He was unable to take vacation due to company workload. Had he taken vacation, projects would have been unfinished, and he would have been reprimanded.

The company paid him 96 hours upon termination, but do we have any recourse to sue for the remaining 59 hours (total=$2400)? He was also due a bonus (approx. $20k). In addition, this employer gave him only 2 weeks' notice (he is a Professional Engineer--industry standard dictates 30 days), and our health benefits terminated at midnight on the day of termination. Great employer, right?

We would like to sue for the vacation time since he was unable to take it during his employment. Any ideas???

Thanks!

As noted above, S.C. does not require the payout of vacation upon separation. Since your husband was notified in advance of his termination regarding the policy change, I don't see that he has any basis to sue.

In addition, this employer gave him only 2 weeks' notice (he is a Professional Engineer--industry standard dictates 30 days), An industry standard of 30 days advance notice (although I think that's highly debatable) has no force of law. In fact giving employees advance notice that they will be terminated is pretty unusual.

Please post your question only once. Do not post it in other threads AND start one of your own. One or the other, please.