Legal Question in Employment Law in Florida

fired while on vacation

I was fired by telephone after leaving for a paid vacation, does that employer owe me any of that vacation pay?


Asked on 7/12/07, 11:34 am

2 Answers from Attorneys

Bonita Riggens Law Office of Bonita M. Riggens

Re: fired while on vacation

Mr. Stern's analysis is correct. However, in past cases I have taken the position that vacation pay is an earned benefit constituting part of the employee's compensation and therefore must be paid. Case law goes both ways on this, but I have been successful in obtaining vacation pay for clients. Give it a try - you have nothing to lose.

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Answered on 7/13/07, 9:36 am
Keith Stern Shavitz Law Group

Re: fired while on vacation

Florida law does not have a statute requiring vacation benefits be paid out. If you had an enforceable contract with your employer, you would have a claim under the contract. Otherwise, people have brought claims to try and enforce provisions contained in an employee handbook, but as a rule, a handbook in Florida does not constitute a valid contract.

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Answered on 7/12/07, 2:23 pm


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