Suastez v. Plastic Dress-Up Co.

Opinion

BIRD, C. J.

Under an employment policy providing for annual paid vacations, when does the right to a vacation “vest?”

I

The following facts are not in dispute. Francisco Suastez, respondent, was employed by the appellant, Plastic Dress-Up Co. (Plastic Dress-Up), from October 16, 1972, until July 20, 1978. Throughout this time, and in accordance with its regular policy, the company paid Suastez weekly wages based on his hourly wage. Additionally, it provided certain fringe benefits, including holiday and vacation pay.

The company’s vacation policy provided that each employee was entitled to…