Once accumulated vacation time has been earned according to a company’s vacation pay policy it becomes due under the definition of wages and, therefore, constitutes wages earned. An employee had accumulated five weeks of vacation time which could be used during the following calendar year. Prior to his involuntary discharge on April 8, 2005, the employee had only used one day. His employer refused to pay what he had earned the previous year. The employer produced a company policy manual which provided that if an employee leaves employment voluntarily he or she will forfeit all unused vacation pay. The court reasoned that the policy manual of forfeiture was in direct contravention to the laws as set forth in Massachusetts General Laws Chapter 149, section 148, and the employer was ordered to pay the vacation time owed with penalties.
In this case the Attorney General handled the case. In a case handled by a private attorney with permission from the Attorney General, an employee may receive up to three times the amount owed under the statute together with payment of attorney’s fees and costs, thus free legal help for an employee who is owed wages or benefits.
Ianello & Brittain P.C. located in Western Massachusetts, with offices in Springfield, represent you in personal injury and criminal cases.
