Employer won't tell fired worker the reason for sudden dismissal

I've asked for a reason but no one will give me one.

I filed for unemployment and thought I'd learn what was up.

Instead, I got a letter from Alaska's Department of Labor stating, "We were unable to obtain the reasons for the separation from the employer. Because the circumstances involved in your discharge did not show a willful disregard of your employer's interest, it has been determined that you were discharged for reasons other than misconduct in connection with your work."

I also got a final paycheck that didn't include the two weeks' vacation pay owed me. What can I do?

A. Call your employer and let them know that Alaska Statute 23.10.430 gives you the right to view and copy your entire personnel file. There should be information in your file that explains the reason for your termination. An employer may require an employee or former employee to pay the cost of copying all or part of the file but the cost must be reasonable.

If you don't already have one, ask for a copy of your employee handbook so that you can see if any language indicates that the company will not terminate you unless the company follows a certain procedure. Your handbook should also state whether accrued but unused paid time off is payable upon separation from employment.

According to attorney Renea Saade: "No Alaska law requires all employers to provide paid time off to employees. Whether an employee is entitled to paid time off and to cash out any accrued but unused paid time off when the employment relationship ends (such as your two weeks of vacation time) depends on the written contract the employee may have with the company as well as the company's written policies and actual practices. Many employers have the policy that accrued unused paid time off is only payable when an employee is laid off and not when the employee voluntarily resigns or is terminated for good cause.

"If an employer doesn't have a written policy or has one but doesn't follow it, then the company's historical practices concerning accrued paid time off dictate the company's obligations to the departing employee."

If you believe that the company's policies or historical practices entitle you to the pay for the two weeks, you can file a claim with the Alaska Department of Labor.

If your employer doesn't let you see your file or if you believe that the decision to terminate you was based on discrimination or in an attempt to retaliate against you, call an attorney or Alaska's Human Rights Commission.

Alaska courts observe the covenant of good faith and fair dealing, which means that inherent in every employment relationship, an employer has an obligation to act in good faith and fairly and not to make adverse employment decisions for unlawful or discriminatory reasons.

Although employers with "at will" provisions can fire employees for any reason or no reason, they can't act unfairly. A good attorney can press your former employer to tell you what happened and explain why they did not cash out your accrued but unused vacation pay.

Dr. Lynne Curry, management/employee trainer and owner of the consulting firm The Growth Company Inc., provides columns to newspapers in multiple states. For questions, Curry can be reached at www.thegrowthcompany.com.