is time owed when involuntarily terminated

[scarlett3883]

i was recently let go from a salaried job because of company restructuring. Upon leaving i was offered a severance package. The question i have is our company offers mrd's which are days you accrue after working five 6 day work weeks, max accruement is 5 days. Is this time owed upon leaving? i am only asking because they had to be used between certain dates, which have not started yet and all the agreement says is if you involuntarily resign or step down they will not be paid to you.

 

[cbg]

What is an mrd?

 

[scarlett3883]

mrd = management recognition days....we work 6 days, get paid for 5 and gain a day per week to use the following year

 

[cbg]

Let me make sure I understand this correctly. You work for six days but are only paid for five. Then you can get the pay for the sixth day at some time in future?

 

[scarlett3883]

correct...we get paid the following year in the form of days off.

 

[cbg]

Since the policy is blatantly illegal based on what you've posted, you're darned tooting you have to be paid for them at termination. WHAT is your employer thinking?

I just saw that you said you are salaried. It is STILL probably illegal, but let's be sure.

Salaried is just a pay method and means nothing by itself. What do you actually do? I mean, on a day to day basis, what are your duties? As detailed as possible, please.

 

[scarlett3883]

is it illegal even if it is for a salaried position? we sign off on the policy every year also.

 

[cbg]

"Salaried" is only a pay method and means nothing legally on its own. What matters if you are exempt or non-exempt. Either can be paid on a salaried basis. If you are non-exempt this is illegal; if you are exempt it may be legal. In which case you will have to tell me your state because state law could affect the legality of it. If you are non-exempt this is illegal no matter what state you are in.

To determine if you are exempt or non-exempt, I need to know what your job duties are. In detail, please.