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hknown
10-07-2005, 10:10 AM
First the facts:

Permanent employee of a consulting company
Company has a policy that if you tender your resignation letter, you loose your accrued vacation.
1. Informed that I will be taking about 2 weeks of vacation starting end of August, 2005 to September 2005 mid-week. Sent the email on 8/11/2005 (total of about 160 hours, banked at rate of 6.22 per pay period. Pay period is semi-monthly)
2. No response from anyone on approval or dis-approval.
3. Sent another note on 8/21/2005 that I will be needing more vacation than before (which would have used up most of the accrued vacation)
4. On 8/23/2005 the office manager called my cell phone and told me that my vacation was not approved. The call lasted 16 minutes and I took notes on the conversation that I have jotted down. The gist of the conversation was that I cannot be gone for 4 weeks (as a senior person in the company) and that they think I am leaving the company (which I was definitely not) and that they will be willing to pay me my vacation if I resigned.
5. I resigned on 8/25/2005 as requested. I put the verbal agreement in my termination notice.
6. On 8/30/2005, my boss personally came to the client's site and terminated me on the spot (again verbally, but another company employee present at the client who is willing to be a witness), telling me that MI is an at-will state and he has accepted my resignation right now. Non-commital answer on my vacation pay (still debating back at the office and will inform you later was the answer). I again took notes of the conversation immediately following the ouster and have jotted it down. The other company employee MAY be willing to vouch for it.
7. No vacation pay yet.

My question is : What are my legal and any other options at this time?

hknown
10-07-2005, 10:12 AM
Just so everyone knows, I am in the state of Michigan

Beth3
10-07-2005, 10:16 AM
Michigan only requires vacation be paid upon termination if the employer has a policy of doing so. If you want to pursue this in the least expensive manner possible, you can file a claim for your unpaid vacation in small claims court and see if a judge will rule in your favor based on the statement your employer gave.

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