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Cari
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Since you call it "holiday" and not "vacation", I'm assuming you're in the UK.
You don't say whether he was made redundant or sacked. However in either situation, assuming he is a permanent employee and not a temp or contract worker, he is legally entitled to accrue holiday pay - ignore those who have said that it is up to the employer. (Note that this does not apply to temps - they can be paid a rate which includes holiday pay.) And upon termination of his employment, he is legally obliged to be paid for any holiday which he has accrued but not yet taken. They are not within their rights to withhold this for any reason at all.
If he was made redundant, whilst he is not entitled to redundancy pay as you need to have two years' service to qualify, because they have dismissed him without notice he needs to be paid in lieu of whatever his notice period was. This will probably be one month.
Believe me, if this goes to court, the fact that he walked out will have no bearing on anything. A tribunal will recognise that when people are made redundant, they are upset and therefore may act in an unreasonable and irrational manner. At best, they might get away with not paying him for that one day.
If he was sacked, then you need to read his contract for full details, but typically only in cases of gross misconduct can he be dismissed immediately. Normally, he would be suspended on full pay whilst the allegations are investigated.
If you need further help, you can contact ACAS (google them) who will advise you of the law. However, you also need to go back to the employer and lodge a formal grievance. You can only go to an employment tribunal if you have already been through the company's own grievance procedures first. |
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Samantha
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if they told him he had till the end of the day and he walked out, he made a stupid decision and probobly wont get it.
Since the company fired him, they had to pay up, but since he decided to walk out he left without notice and forfeited his money.
Thats what you get for acting rash and unproffesional. |
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ascoile
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Walking out was a mistake, he should have worked until the end of the day. It would appear that he may have broken any contract or terms of employment |
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HeatherK
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YES!! My husband KINDA did the same thing.. only he was just on seasonal employment. It was a few years ago so I cant remember EXACTLY how it all went down, but he got pissed off at something one night and left work.. he didnt get fired or anything like that and finished the rest of his employment period.. but never got the bonus holiday check at the end of it all because of the night he walked off the job!! Sometimes its better just to keep your cool and stick it out. If my husband wouldnt have left work we would have had an extra $500 to work with that Christmas. |
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Dad's found yer scoo'er
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He should have been given the notice period in his contract. If the company have not honoured that then he can sue for breach of contract. As for the likes of unfair dismissal claims he's on a no hoper as he is under the magic two years of service. Time to read his contract of employment very carefully. |
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Lenny
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Well I'm afraid he probably broke the terms of his contract by walking out - as today is the last day of the month, they probably expected him to do this. If he hadn't they'd have had to pay him a month's notice and salary (though he may have been asked to work it). Since he walked out, he's effectively broken the contract and if he decides to sue (though prob not worth it), they could counter sue.
Time to move on and concentrate on finding a new job rather than worrying about the old one. If he gets into a dispute you have to declare this on new job applications and he could be seen as disruptive, even if it's not his fault. Best just to drop it as I said and move forward. He can say he was made redundant. Good luck with it all. |
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bob67cam
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i had the same happen to me...i was told i was fired but then according to him i quit by not showing up....it is illegal and i didnt care about the job i had but i was there for 6 years and altho i moved up thru the company i never saw any raises more then 25 cents a year but call and talk to a lawyer..u would have a case if u wanted to pursue it |
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jobbend
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The laws governing this vary depending on where you work. In a "typical" situation, holiday, vacation, PTO or whatever it is called is earned, and therefore must be paid at some point when the severance (voluntary or not) occurs. The variables that exist include laws in your state/country, any contract that is in place that addresses pay/benefits and the policies of the company.
If you are in the states, go to www.usa.gov and search for "wage law" and include the state you are in. It will require a bit of research, but you should be able to find the government agency that enforces wage law and get your answer there. |
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versantly
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have him start by applying for unemployment benefits. he will need a copy of his HR policies as he will need to follow the appeal process exactly as defined. he needs to document all conversations with the company and keep copies of correspondence. he can seek the advice of an employment attorney, if needed. be sure to have the retirement & health benefit information available as they may be affected, too. |
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retox
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go the ACAS website and contact them to discuss. Alternatively, contact an employment solicitor - they will usually discuss the case over the phone initially without charge and often will offer a free or discounted first appointment. |
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mobredrocket
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depends on his employment contract... depending on how holiday pay is rewarded they can... especially if it is treated like a bonus above what is included in his normal salary...
sounds like his company is going thru some very hard financial problems... i really feel bad for you... i think the company is acting very unethically by denying him any bonuses he deserved and by not providing him prior notice... especially if it is a lay off and not a firing...
best of luck to you.... i dont know what field you husband works in but maybe next job hopefully its with a company with very high ethically standards |
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JEFF J
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They probably can, but to be sure,you can contact your state
employment agency for the local laws. My guess is there is no regulations on those type of company paid benefits. |
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Saint
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I believe that the "Two week notice" policy most companies use is purely voluntary and they do that to allow you do keep on working while you find another job. However I also believe he may be entitled to company paid unemployment or a termination 'bonus' if you will. Many companies offer their employees a flat sum of money upon being fired. Talk to his HR department at work and see what is available to you. |
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hr4me
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If the company said that today was his last day then unless they told him he could leave it would be considered that he quit his job if he walked out before the end of his shift. With that in mind, is the company policy that you will not be paid holiday pay if you quit? Depending on where you are working (you don't state if you are asking about the U.S., and what state) the state laws in the U.S. some times require accrued vacation time to be paid out.
Company's are not required to give you any kind of a written notice when they are firing you. Most of them will not do this at all anymore, it is just a verbal notice to you. |
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tn_barnett
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Did they give him a piece of paper saying he was fired? If not, then they can say that he quit. If so, then call a lawyer. Always make sure that they give you a paper stating they are letting you go, before you actually leave. |
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nosdda
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Yes they can because instead of working the last day, he walked off the job without permission. Holiday pay is not compulsory, it is at the employers discretion. |
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tawny
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if they r non union they can do what they want to !! but if they r union then he has rights he needs to get ahold of his union rep and fight for what's his!!! good luck |
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Apathetic
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First of all many jobs don't have contracts. I live in FL and here your employer can fire you for any reason and at any time. I've never heard of giving notice to someone you are firing. If they are complaining that he walked out all he has to do is call wage and hour and immediately apply to unemployment if he wants. |
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Hunka Munka
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what was the notice period in his contract? |
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The Nibbler
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If he has been there over 12 months they can't really do this, it depends on why he was told to leave. I'm afraid it's a tough one this because if he makes a big deal of it, these companies close ranks and can make it very difficult. He could try threatening them by making it public, at the moment it would appear that the company have more to lose than he has. Good luck and I hope he gets anorher job soon. |
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tee-tee15
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I don't think they can do that because they didn't give him a notice so he should take it up with someone. |
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jonsforde
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yes they can depending on if he was a full time 40 hrs a week or not |
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Cedric L
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ma bye becks my company fired me |
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debrisa11
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Did they give your husband any notice if they did, he can say that even though they ahve given him notice we would like to take his holidays and not work his notice. |
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Man_With_No_Name
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That really depends on your states labor laws whether or not your husband would still be receiving his holiday pay. But if your husband was a permanent hire for this company then I would be more concerned about receiving any severance pay, if thats possible. |
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katydint
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LAWYER! |
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