dimanche 2 août 2015

Resignation: Can an Employer Renege on an Offer to Pay Unearned Vacation Pay

My question involves labor and employment law for the state of: MA

We had an employee that was going through a personal crisis. She stopped coming into work. We told her we would have to replace her and she immediately started demanding all the things the company OWED her. The owner thought the employee had vacation time coming to her and made the mistake of telling her she'd get it along with her final check. (The girl still has 3 months before the vacation time accrues which is on her hire anniversary date). The owner just felt bad for the girl and her kids and didn't want to "fight" over the check believing it was owed to her. In the meantime, the girl has become nasty, threatening legal action and demanding payment of the vacation as it OWED to her by law which it is not owed since she's quitting three months before the accrual date.

The offer to pay her the UNEARNED vacation time was in error as well as the owner doing it in "goodwill." Since the girl has become so demanding of her "owed" money, can the owner change her mind and not pay her any more than what she is owed for wages and time worked or because the owner initially offered the money in goodwill, is she now bound to pay her even though things have taken a turn and are now hostile?

Thank you in advance!


Resignation: Can an Employer Renege on an Offer to Pay Unearned Vacation Pay

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