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Two Questions Minnesota

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  • Two Questions Minnesota

    My daughter and I worked for the same company. I have two questions. First my daughter had some tragedys in her life that caused her to be off work (with doctors note) the company sent her a letter saying they would accomodate her until the end of July. However, on July 22nd she was called in for a meeting and terminated. Is this legal, since they stated in writing they would hold her position until the end of July?
    Second, I have tried to take my vacation(which is paid), for 2 mos., everytime I say anything to my supervisor she says they are not granting vacations at this time. I may have another job (not nice working conditions since daughter was terminated). The company sent out a letter last month saying company policies have been revised. The policy I'm concerned with states that "an employee's unused accrued vacation time will be paid upon termination of employment." Does this mean if they terminate me or I terminate, or both? I have worked 14 1/2 mos with no vacation and 2 days sick pay. There is no statement about paying sick pay at termination.

  • #2
    First question; it depends on what was the reason your daughter was off work; not all "tragedies" are protected; and whether or not what she was given by the employer constitutes a binding contract. Only an attorney in your state who has read the documentation can say for certain.

    In Minnesota, it is up to company policy whether vacation and/or sick time is paid out at termination, so to be certain you will have to ask them. However, the wording you describe generally suggests that it will be paid for a voluntary termination and at the very least, an involuntary termination that is not for cause.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


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