• ODT Gun Show this Saturday! - Click here for info and tickets!

Employment law question.

Doesn't look good. Source: http://www.employmentlawhandbook.com/leave-laws/vacation-leave-laws/vacation-leave-law-summaries/

From the website above:

In Georgia, employers are not required to provide employees with vacation benefits, either paid or unpaid. If an employer chooses to provide such benefits, it must comply with the terms of its established policy or employment contract.

An employer may lawfully establish a policy or enter into a contract denying employees payment for accrued vacation leave upon separation from employment. See Shannon v. Huntley’s Jiffy Store, Inc., 329 S.E.2d 208, 174 Ga. App. 125 (1985).

An employer may lawfully establish a policy or enter into a contract disqualifying employees from payment of accrued vacation upon separation from employment if they are terminated. See Ryvos v. St. Mary’s Hospital, 393 S.E.2d 739, 195 Ga. App. 474 (1990); Shannon v. Huntley’s Jiffy Store, Inc., 329 S.E.2d 208, 174 Ga. App. 125 (1985).

An employer may also lawfully establish a policy or enter into a contract disqualifying employees from payment of accrued vacation upon separation from employment if they fail to comply with specific requirements, such as giving two weeks notice or being employed as of a specific date of the year. See Amoco Fabrics & Fibers Co. v. Ray, 510 S.E.2d 591, 235 Ga. App. 821 (1998).

An employer is required to pay accrued vacation to an employee upon separation from employment if its policy or contract requires it. See Shannon v. Huntley’s Jiffy Store, Inc., 329 S.E.2d 208, 174 Ga. App. 125 (1985).

Georgia’s Legislature and its courts are silent regarding whether an employer must pay an employee for accrued vacation upon separation from employment if the policy or contract is silent regarding the matter. However, because of the contractual emphasis Georgia courts place on vacation policies, it is unlikely an employer would be obligated to pay an employee accrued vacation upon separation from employment if its policy or contract is silent regarding the matter, unless the employer has a practice of doing so.
 
Last edited:
It's not illegal....in the very fine print somewhere I'm sure. When I was let go from my job, I had accumulated 6wks and it just went away. They don't even have to credit you if it isn't used by the end of the year. They can just throw it away or start over each calendar year. It's stupid...
 
its not illegal, it just happened to me and some other guys that worked for a honda dealer, they got bought out, and guys that have been ther for 7 years lost vacation and had re apply, and take a new background and drug test, it sucks
 
Can she not take the vacation time now?

Sure...to burn it up. The sale goes thru in October and we are planning our next vacation in December. So she has to waste her vacation now to keep from losing it, then when we want to go she won't have any. And as new employees no one will accrue diddly for the next year or two, by which time the company that is buying now will sell, resetting the whole damn cycle again.
 
its not illegal, it just happened to me and some other guys that worked for a honda dealer, they got bought out, and guys that have been ther for 7 years lost vacation and had re apply, and take a new background and drug test, it sucks

I think it may be time to have a chat with our elected representative about this crap.
 
Yeah Obi. I get that. It's a damn shame they can just snatch the rug out from under you by selling the company. I understand the policy book covering vacation buy-backs. But company sell offs is wild west time. Anything goes.
 
My company just went thru some changes, about 50% of the big boys retired, rather than reapply for their jobs. !!!! Us little folks just watched and waited. Nothing happened to vacation time , we weren't bought out. Good luck
 
Your best bet is to get some PR on the situation. Get some bad press on the 6 O-Clock news and you might force some kind of rethinking on this. Remote shot at best though...
 
The company can strip vacation time without paying at any point in time they want in GA. That is without pay as well. They can force vacation time to be used as well. You do NOT have to be compensated for it.
 
Back
Top Bottom