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In re American Housing Foundation, Debtor

United States Bankruptcy Court for the Northern District of Texas
2010 WL 2371072 (Bankr. N.D. Tex. 2010)


Jack Traeger (plaintiff) was an employee of Administaff, a company that leased employees to other companies. Traeger did not have an employment contract with Administaff. However, Administaff’s employment policy provided that Traeger was entitled to accrue vacation benefits. The policy did not specifically provide that employees were entitled to payment for unused vacation benefits upon termination of employment. Administaff assigned Traeger to work as a portfolio manager for the American Housing Foundation (AHF) (defendant). In April 2009, AHF entered bankruptcy proceedings. Traeger continued to work for AHF until AHF terminated his employment in December 2009. As of the date of AHF’s bankruptcy filing, Traeger had accrued three weeks of vacation pay under Administaff’s vacation policy. Traeger filed an administrative claim in bankruptcy court, seeking $5,641.03 in unused vacation pay.

Rule of Law


Holding and Reasoning (Jones, J.)

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