QUESTION
Is it legal for a company to withhold earned vacation pay and take your file out of company doors?
Asked on Dec 02nd, 2013 on Labor and Employment - North Carolina
More details to this question:
I was told I could not receive my PTO because of the reason why I was terminated but I was not told this policy in advance or on hire paperwork. When I called the store to discuss this matter I was told my file was not there and could not be found.
1 ANSWER
4 Awards
A company is not required to provide an employee with vacation. If it does, then it should pay that vacation to the employee upon termination unless the company has a forfeiture policy. Such a policy would state that the vacation pay is forfeited in certain circumstances. If one applies to your situation, then the company may not be required to pay the vacation. Personnel files are company property and the company can take those files to any location it wishes.
Answered on Dec 30th, 2013 at 3:27 PM
I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.