Vacation Pay

[Blandford]

Recently an employee walked out on the job.  As he was leaving he said "Don't forget about my vacation pay".  Our manual states that employees are entitled to one week's paid vacation after one year of continued employment.  It also states that they have to give a written request and it is at management's discretion.  It states that they will receive an average of the 12 months prior to the pay period that the vacation is taken.  There isn't a certain amount that is shown as being accrued on their pay stubs throughout the year.  My problem is that I did not specifically state that they are not entitled to receive these benefits upon termination or if they quit.  However, I never implied that they would.  West Virginia law does not require employers to pay out accrued fringe benefits once terminated.  If i do not pay his vacation and am sued, will my manual hold up in court?

[Wincel]

First of all I would change my manual to state whether or not they are paid upon termination just to protect the company from future claims.

I think that if it was to go to court they would look at what was done in the past. Was any other employee ever paid for vacation time when employment was terminated?

If they were you may have set a standard by doing so and may be liable to pay this employee the vacation time. If no employee was ever paid vacation when they were terminated than I would not pay the employee..don't want to start setting a standard now.

Shirley