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I want to sue my former employer....Legal advice/referral needed

  • Upon leaving, I had an unused vacation balance worth $6833.31 in gross pay with a former employer. I was terminated on March 16th. I made a request for the monies via email and their claim is that this is not reimbursable per an employee handbook that I never received. I was never made aware of this policy and they cannot prove otherwise. I didn't sign anything including my employment agreement. I'm being ignored at this point and I now would prefer to not even settle since it appears that a court could award me treble damages based on the information I've found regarding Maryland statutes and case precedent.

    It is for this reason I don't wish to file in small claims since the max I could collect would be 5k.

    I'm having difficulty finding a lawyer who specializes in this type of law who will even consult with me for less than $300.00.

    I will happily pay a retainer if someone competent will at least tell me I'm understanding the law correctly and that I have a good chance of collecting.

    Terpetrator

  • * This is NOT legal advice. *

    Just some google searching:

    Jackson Lewis LLP | Workplace Resource Center

    Get the latest news and resources from Jackson Lewis.

    www.jacksonlewis.com

    terps99

  • what's Maryland state law on paying accrued vacation?

    I know in NY employees don't have to get accrued vacation, Massachussets and California do.

    goterpss

  • From the link above:

    Unused vacation time is a "wage" under Maryland law and must be paid to departing employees regardless of the employer's policy, Maryland's Labor Department has ruled. The agency responsible for administering Maryland's wage and hour laws has quietly reversed its longstanding position on an employee's right to payment of unused vacation at termination. The Employment Standards Service of the Maryland Department of Labor, Licensing and Regulation (DLLR) previously maintained that employees had no right to payment for accrued, unused vacation at termination, so long as their employers' policy clearly denied them such a right.

    terps99

  • goterpss said...

    what's Maryland state law on paying accrued vacation?

    I know in NY employees don't have to get accrued vacation, Massachussets and California do.

    The law states that its up to the individual company whether vacation is considered wages.

    But they MUST inform the employee at the time of the the hire if it is not.

    That is the way I read it.

    Terpetrator

  • I've never used them, but I have about 4 Jackson Lewis "All we do is work" caps that I wear while working out or doing yardwork. Kudos to whoever came up with that slogan for them. Very catchy.

    This post should not be construed as legal advice. Or even as being remotely helpful.

    MisterSmiley

  • No idea. It's odd for a company to terminate an employee without a separation agreement. Also did they give you severance. If it were me I'd lump in the severance with the unused vacation, call it a day.

    goterpss

  • You accrued an entire year's salary worth of vacation time?

    classlessthug: I have too much on my plate to worry about the fact that my junk intimidates some needle D undergrad.

    eamhokie94

  • goterpss said...

    No idea. It's odd for a company to terminate an employee without a separation agreement. Also did they give you severance. If it were me I'd lump in the severance with the unused vacation, call it a day.

    This company half-asses everything and they are very disorganized. Ultimately I believe that will be to my benefit. There was no separation agreement or severance of any kind. They don't want to open up a can-of-worms by setting a precedent for paying unused vacation. They laid-off a lot of people in the past year or so.

    Terpetrator

  • goterpss said...

    what's Maryland state law on paying accrued vacation?

    I know in NY employees don't have to get accrued vacation, Massachussets and California do.

    File a claim with Maryland Wage Hour Administration. I believe the burden is on the employer to say why this payment could not be paid. BTW, I would ask for a copy of the handbook you never got (usually these handbooks are pseudocontract, so you sign for them when you get them.) Still if the policy is that terminated employees are not entitled to accrued vacation (by that I mean vacation you could not take the day you left employment but which was accruing for the upcoming vacation year), you are out of luck. You not getting the handbook is not going to help you in that case, unless the Handbook is poorly written or fails to outline the policies (the writer of the contract is held responsible for errors and vagaries). At that point you are going to have to prove others in a similar set of circumstances as yours, did get accrued vacation. If you could have taken paid days off, that is not accruing, but earned. In that case they must pay, and wage hour will sue them for you!

    29 years in HR, and not a lawyer, but I handled dozens of these cases over the years, and that is how they played out.

    Remember "unused" vacation is very different from "accruing" vacation for the next vacation year.

    This post was edited by tagterp on 4/30/2012 at 1:17 PM

    tagterp

  • eamhokie94 said...

    You accrued an entire year's salary worth of vacation time?

    sneaky

    TheRawDogg

  • Sounds like they have a "use it or lose it" vacation policy. We make our employees sign a document that they got the handbook. If you signed it, you are screwed. If you didn't, I would continue your pursuit, but not sure how it will end. You may end up spending $6000 with a lawyer to get your $6800.

    Terpa Firma

  • Terpetrator said...

    This company half-asses everything and they are very disorganized. Ultimately I believe that will be to my benefit. There was no separation agreement or severance of any kind. They don't want to open up a can-of-worms by setting a precedent for paying unused vacation. They laid-off a lot of people in the past year or so.

    So then round up a few of the other fired employees and go talk to an attorney. An employment law attorney might not be that excited to take your case, but if there's a bunch of these, he/she might talk to the group for free.

    HooEver

  • Terpa Firma said...

    Sounds like they have a "use it or lose it" vacation policy. We make our employees sign a document that they got the handbook. If you signed it, you are screwed. If you didn't, I would continue your pursuit, but not sure how it will end. You may end up spending $6000 with a lawyer to get your $6800.

    FWIW, the excerpt that Kunal quoted above says the exact opposite. The MD Labor Board apparently recently reversed itself on that question.

    HooEver

  • I'm sure this can be worked out with some Outback gift cards.

    jsh