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Vacation time vs Severence Pay Tennessee Rhode Island

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  • Vacation time vs Severence Pay Tennessee Rhode Island

    I was terminated from job Sept. 05 and was initially paid for one weeks pay and one weeks severence. Two weeks later I was paid for another week of severence (2 weeks per handbook). I have not been paid for my remaining vacation time. We've argued back and forth via email about the amount I'm due. He's said originally that I'm only due 9 1/2 and last week (2 weeks before hearing w/ Labor Board) I rec'd an email from his accountant for me to compromise at 17 1/2. I'm due 33 1/2. I've been told by someone at the Labor Board that they can't make him pay the vacation time because he paid severence. I'm not understanding this and am thinking they are two totally seperate issues. Can anyone tell me if this is true? Am I wasting my time here? While I want the money that's owed to me, I also want him to be responsible for the fines that should be imposed per the RI Statues (he didn't pay what was owed on the next regular pay date) so I'm going to the hearing and fighting for this but would appreciate any input. TIA
    Last edited by LABOSS64; 11-05-2006, 05:14 AM. Reason: Tennesse shouldn't have been in thread title

  • mlane58
    replied
    Originally posted by LABOSS64 View Post
    I don't believe I asked what you think they'll decide...I wanted to know if anyone thinks they're going to give the employer a "heads up" so to speak, that he really doesn't have to pay because he paid severence.
    Thats real flippant. File a complaint with RI DOL if you fell you have monies coming to you. From the RI DOL website

    Whenever an employee is separated from the payroll of an employer, after completing at least one (1) year of service, any vacation pay accrued by collective bargaining, company policy or other agreement between employer and employee shall become wages and payable in full or on a prorated basis with all other due wages on the next regular payday for the employee.

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  • ElleMD
    replied
    Again, we can not tell you what some third party might do. No one here can predict someone else's behavior.

    Leave a comment:


  • LABOSS64
    replied
    Originally posted by ElleMD View Post
    As none of us are the judge or hearing officer hearing the case, we can't tell you what they might decide.
    I don't believe I asked what you think they'll decide...I wanted to know if anyone thinks they're going to give the employer a "heads up" so to speak, that he really doesn't have to pay because he paid severence.

    Leave a comment:


  • ElleMD
    replied
    As none of us are the judge or hearing officer hearing the case, we can't tell you what they might decide.

    Leave a comment:


  • LABOSS64
    replied
    C&P this from above....

    My former employer didn't say this and I have no reason to believe he knows this or he would have said so anytime during this past year. So, should I expect whomever at the hearing to bring this up? Am I going to lose out on the vacation time because they (labor board) bring it up? I could see if the former employer was arguing this from the beginning but he's never said a word about it and the only issue has been how many hours of vacation time I'm due.

    Also, because in his response (and via email to me) to the Labor Board he's admitting to a different amount of vacation due and has never denied owing me "something." Will the R.I. Gen. Laws 28-14-4 about paying on the next scheduled pay day come into play? He's withheld monies from other employees before me and they've given up fighting for what they feel they're due. I don't think he should get away with this and really want the fines imposed upon him. What do you think the chances are that this will happen?

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  • cyjeff
    replied
    I agree with Beth...

    Would it be slimy and unethical... yes. would it be illegal, no.

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  • Beth3
    replied
    Rhode Island requires the payout of earned vacation upon separation. Since severance is always voluntary, I assume with the Labor Board representative meant was that your former employer could claim that the severance pay was vacation pay and their obligation to you under State law has been met.

    You've got nothing to lose by going to the hearing, stating your case, and see what the State decides.

    Leave a comment:


  • LABOSS64
    replied
    My former employer didn't say this and I have no reason to believe he knows this or he would have said so anytime during this past year. So, should I expect whomever at the hearing to bring this up? Am I going to lose out on the vacation time because they (labor board) bring it up? I could see if the former employer was arguing this from the beginning but he's never said a word about it and the only issue has been how many hours of vacation time I'm due.

    Leave a comment:


  • cyjeff
    replied
    Because there is no law that requires severance or adherance to an employee handbook.

    In other words, they can say that the severance they paid you was, in fact, your vacation time and that is that.

    Leave a comment:

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