Accrued COmpensation Issue

Accrued COmpensation Issue

indyattic@email.com (Angela Thornton)	4/18/2004 7:53:18 AM
Our company lawyer is looking at this, but I always like to hear several opinions. First, from the state's Wage & Hour website: "The Indiana Court of Appeals has found that an agreement to give vacation pay to employees is considered a form of compensation for services just like hourly wages. Vacation pay is additional wages, earned weekly, where only the time of payment is deferred. As a result, an employee is entitled to a pro rata share of his/her accrued vacation at the time of termination. However, if there is a company personnel policy or employment contract which states certain conditions under which accrued vacation pay will be given upon termination, the employee must meet those conditions in order to receive their accrued vacation pay." Now, does that mean we can do this? {If your employment is terminated)...you may be eligible to receive compensation for that (accrued) time at your regular base hourly rate per the following guidelines: 1.)If the employment is terminated by the Company for economic reasons, you will receive payment for all vacation hours accumulated at your regular base hourly rate. 2.)If the employment is terminated by you, the employee, you will receive payment for all vacation hours accumulated at your regular base hourly rate if a written notice of your intent to leave is provided to your Supervisor at least two (2) weeks prior to your departure. Additionally, you must continue to perform your job in a normal capacity during that time period. 3.)If the employment is terminated by the Company in accordance with a violation of a policy defined elsewhere in this manual, you will not be eligible to receive compensation for accrued hours. Thanks in advance for your thoughts, Angela Thornton



sethb@panix.com (Seth Breidbart)	4/23/2004 3:06:57 PM
In article <1tq480tg0fgmurpmeq7p7vt8j5nmpu2a64@4ax.com>, Angela Thornton <indyattic@email.com> wrote: 2.)If the employment is terminated by you, the employee, you will receive payment for all vacation hours accumulated at your regular base hourly rate if a written notice of your intent to leave is provided to your Supervisor at least two (2) weeks prior to your departure. Additionally, you must continue to perform your job in a normal capacity during that time period. I have a question about that one: what if the employee gives notice, and the _company_ tells him to stop working immediately? According to those words, does he lose vacation pay? (Often, a company will pay the employee for the two weeks of notice, but not let him on the premises.) Seth

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