Does dead boss estate owe worker for unused vacation?

Question

My wife and I were on vacation. The morning of day 3 of 7 her boss drops dead. We rushed home so she could keep the business obligations. I think his estate owes us for 5 days unused vacation rental. Should I ask or am I just out this years vacation?

Answer 1

Where is your compassion?  

Answer 2

Under the circumstances, I would just consider it a loss on your end.  The man died for heaven's sake.

Answer 3

It is assumed that this is a very small business.  I don't think they owe you anything.  If the business continues on, then you can ask for those days back.  If it closes, you are out of luck.

Answer 4

You should not ask.  If there is any asking, your wife should do it because she was the employee.  She should not ask for reimbursement of the cost of the unused vacation rental TO BEGIN WITH, because she may not be entitled to it and bringing that up first could cause resistance or even be a deal-breaker.  Depending on many factors, she may or may not be entitled to her unused vacation time.  Also, if the company is open to reimbursing for your wife's expenses in rushing back, she may ask for the additional cost, if any, of flying home early.

First, what form of business organization was this?  If it was a corporation or limited liability company, the dead boss's personal estate is probably not liable for any obligations of the company.  She may be able to recover from the company, though, especially if the business is still running.

Second, if the business asked your wife to cancel her vacation to come back to keep the business obligations, then the business should reimburse your wife for the unused vacation time, and POSSIBLY some of the associated expenses.  If there was an agreement to reimburse your wife for the unused vacation rental, then great.  If, OTOH, no one asked your wife to rush back, then it becomes much more complicated what, if anything, your wife is entitled to recover.

Regardless of your wife's legal rights, it is important to bring up this issue in a sensitive way.  Her boss died.  Your wife should definitely try to recover her financial loss but she should do it diplomatically.  Your wife can be compassionate and sensitive AND protect her own financial interest.

Good luck.