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SUPREME COURT OF LOUISIANA
NO. 97-C-1784 DIANNE BEARD versus SUMMIT INSTITUTE OF PULMONARY MEDICINE AND REHABILITATION, INC. ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, SECOND CIRCUIT, PARISH OF BOSSIER VICTORY, Justice* We granted this writ to determine whether an employer can refuse to pay an employee accrued vacation benefits in accordance with a company policy which states that accrued benefits are forfeited when the employee "abandons his position." We hold such conduct by the employer violates Louisiana Revised Statutes 23:631, 632 and 634 and subjects the employer to the payment of penalties and attorneys' fees. FACTS AND PROCEDURAL HISTORY Dianne Beard ("Beard") was employed as a Licensed Practical Nurse by Summit Institute of Pulmonary Medicine and Rehabilitation, Inc. ("Summit") from June 1, 1994 through June 25, 1995. At that time, Summit had in effect a personnel policy that stated that when an employee walks off the job without cause or voluntary resigns without notice, he or she is deemed to have abandoned his or her

*

Marcus, J., not on panel. Rule IV, Part 2,

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