Claim or No Claim?

Let's play claim or no claim. The facts: A man gets an offer letter for the position of senior vice president. It states his vacation days will be consistent with standard company policies. He claims a separate, verbal promise was made to him regarding vacation benefits that is not embodied in the offer letter. He is later terminated and sues for $40,434.87 in payment for unused vacation time. The employer argues in its summary judgment that the handbook controls, the handbook contains standard company policies on vacation pay, the employee signed a document acknowledging he received the handbook, and the handbook provides for much less in vacation benefits than the employee claims he was verbally promised. Claim or no claim?


Michael P. Maslanka looks at a case that should be carefully considered by HR professionals.