Legal Question in Employment Law in New York

I'm an at-will employee, contracted to receive 18 vacation days this year. I'm leaving my company, and was just informed that I will not be receiving the full 18 days as pay, but rather a proportionate amount to the days worked this year. I've been informed by HR that the days are "accrued" but I cannot find the method of accrual in the Employee Handbook, and don't see anywhere explicitly stating that "vacation days are accrued"
In the past, I've used vacation days faster than they would have accrued, and did not receive any dock in pay. Also, I've never seen any statement of the amount of vacation accrued on my pay statements. There was no formal mention of the accrual process until now, when I resigned.
However, the Employee Handbook DOES mention offhand that "on termination of employment, vacation time will be paid to the amount of accrued vacation days". It does not specifically state anywhere else that "vacation time is accrued".
My question is, do I have a strong case to sue for the full 18 days of pay?

Asked on 1/05/11, 5:30 am

Locksley Wade Law Office of Locksley O. Wade

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Answered on 1/17/11, 9:38 am

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