Narron v. Hardee's Food Systems, Inc.

MARTIN, Judge.

This appeal involves the interpretation of the Wage and Hour Act, G.S. 95-25.1 et seq. The specific issue raised is whether plaintiff had accumulated unused vacation for which he was entitled to be paid upon his termination from employment, where the employer’s personnel policy under which plaintiff earned the vacation did not provide for forfeiture thereof, but the policy in effect at the time of his termination provided for such forfeiture. Because the record reveals a genuine issue of fact as to whether plaintiff had earned and accumulated vacation under the former policy, we…