1250 Broadway, 27th Floor New York, NY 10001

TIME OFF(ED)

After his wife passed away, Craig Steinmetz sued his spouse's former employer for the monetary equivalent of the unused vacation days which had accrued while she was with the company. And after a jury trial, Steinmetz was awarded $56,967.24.

Since there was no proof that his wife was entitled to that money, and because the company established that it didn't have a practice of paying its employees for unused time, the Appellate Term, Second Department, reversed and vacated the judgment in its entirety.

(Under New York law, compensation for unused vacation time is dependent upon the company's practices, the terms of employment, or any agreement reached with the employer.)

Talk about clocking out.

To view a copy of the Appellate Term's decision, please use the following link: Steinmetz v. Attentive Care, Inc.

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