My employer is trying to steal my vacation pay, help.

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Zombie

Platinum Member
Dec 8, 1999
2,359
1
71
I have a friend in IBM who doens't even get paid for unused vacation. Lot of companies have use it-or-lose it policy.


We get to carry up to 3 weeks of vacation but rest is not carried over and we are not paid for it either.
 

TheGameIs21

Golden Member
Apr 23, 2001
1,329
0
0
Get the full verbage of the law. There might be a provision in the state law that will allow this.

Either way, get an atty if you plan on going to the company to fight this stating state law.
 

Ketteringo

Banned
Feb 2, 2002
4,302
0
0
I just use my excess vacation days :) Honestly, is it that big of a deal to use them? Not worth losing your job over, thats for sure! You know that if you b!tch about something like this, you wont get any more raises or promotions, right?

Do the smart thing, dont be a b!tch.
 

trmiv

Lifer
Oct 10, 1999
14,670
18
81
This is all because really, there is no requirement for vacation in California. So, vacation time in California is earned as another form of wages when it is given. You cannot forfeit earned wages.
 

CPA

Elite Member
Nov 19, 2001
30,322
4
0
Originally posted by: Electric Amish
Hmm... That's my company's policy. We can't even carry any over. Use it or lose it.

But you are in Utah. California is pretty strict on PTO accruals. My company, which is spread across the country also has a use it or lose it policy, but California employees are treated differently. Expense is accrued and payments are made at the end of the year for unused time. Union contracts also have this type of provision in it, even if the union site is located in a state that does not force employees to accrue.
 

BossHogforyou

Junior Member
Mar 14, 2004
10
0
0
Sounds like you have some problems, not with you?re with company but with your attitude. It appears they want you to use vacation not take it away. Have you been harmed by this policy? If not, you should shut your mouth and fall in line. In California, employers are not required to pay you for vacation or holidays, its employees like you that screw things up for everyone, the next thing you know they have a policy in place for everything or they drop the whole PTO paid program altogether. Also the employee handbook is for the company policy and may not spell out California Law but it is there policy, if they say you can only carry over three days and you have eight days, do the math, take five days off. Do they need to put a simple addition/ subtraction problem in the book to help you out? It seems black and white to me, use to vacation your entitled to and quit being a problem child. Employees should have such problems; worrying about how many days they can carry over, what a waist of energy, if you put that much energy into work you may make a good employee. The big joke of people like you, you probably did your bitching on this forum on company time. Most company handbooks have a policy about being in chat rooms, IM ing and personal e-mails. Are you in violation now? You need to get a life or help your employer out, GET ANOTHER JOB??????.
 

Hammer

Lifer
Oct 19, 2001
13,217
1
81
Originally posted by: BossHogforyou
Sounds like you have some problems, not with you?re with company but with your attitude. It appears they want you to use vacation not take it away. Have you been harmed by this policy? If not, you should shut your mouth and fall in line. In California, employers are not required to pay you for vacation or holidays, its employees like you that screw things up for everyone, the next thing you know they have a policy in place for everything or they drop the whole PTO paid program altogether. Also the employee handbook is for the company policy and may not spell out California Law but it is there policy, if they say you can only carry over three days and you have eight days, do the math, take five days off. Do they need to put a simple addition/ subtraction problem in the book to help you out? It seems black and white to me, use to vacation your entitled to and quit being a problem child. Employees should have such problems; worrying about how many days they can carry over, what a waist of energy, if you put that much energy into work you may make a good employee. The big joke of people like you, you probably did your bitching on this forum on company time. Most company handbooks have a policy about being in chat rooms, IM ing and personal e-mails. Are you in violation now? You need to get a life or help your employer out, GET ANOTHER JOB??????.

are you his boss? lol. did he post this from work and you looked at the proxy logs? busted!
 

GasX

Lifer
Feb 8, 2001
29,033
6
81
You cannot give away your legal rights by signing an employment agreement. You win. They lose.
 

bunker

Lifer
Apr 23, 2001
10,572
0
71
Originally posted by: Hammer
Originally posted by: BossHogforyou
<SNIP>
, GET ANOTHER JOB??????.

are you his boss? lol. did he post this from work and you looked at the proxy logs? busted!

LOL, that's what it seems like to me!
 

UNCjigga

Lifer
Dec 12, 2000
25,709
10,456
136
Originally posted by: Hammer
Originally posted by: BossHogforyou
Sounds like you have some problems, not with you?re with company but with your attitude. It appears they want you to use vacation not take it away. Have you been harmed by this policy? If not, you should shut your mouth and fall in line. In California, employers are not required to pay you for vacation or holidays, its employees like you that screw things up for everyone, the next thing you know they have a policy in place for everything or they drop the whole PTO paid program altogether. Also the employee handbook is for the company policy and may not spell out California Law but it is there policy, if they say you can only carry over three days and you have eight days, do the math, take five days off. Do they need to put a simple addition/ subtraction problem in the book to help you out? It seems black and white to me, use to vacation your entitled to and quit being a problem child. Employees should have such problems; worrying about how many days they can carry over, what a waist of energy, if you put that much energy into work you may make a good employee. The big joke of people like you, you probably did your bitching on this forum on company time. Most company handbooks have a policy about being in chat rooms, IM ing and personal e-mails. Are you in violation now? You need to get a life or help your employer out, GET ANOTHER JOB??????.

are you his boss? lol. did he post this from work and you looked at the proxy logs? busted!
:Q

 

Demon-Xanth

Lifer
Feb 15, 2000
20,551
2
81
My work: By signing this you give away your right to sue us and are required to use an arbitration board.
Employee: What if we don't sign this?
My work: You've already agreed that the terms of your employment can be changed at any time. Effectively this is just acknowledging that you've been told this.

My work: We're having a two week company wide shutdown and we're going to go for 4 days a week. Your vacation time will be used.
Employee: what about sick time?
My work: although you get sick time exactly like you get vacation time, no.
*six months later*
My work: we sold off your division, everyone is going to get laid off and rehired. You'll be paid for your unused vacation time.
Employees: What about sick time?
My work: sick time isn't vested, you're just going to lose it.


When the job market sucks, employees take it up the rear. I've stopped trusting employers anymore. The days of employer/employee loyalty are nothing but a fairy tale. They'll screw you at the drop of a hat.
 

Rapidskies

Golden Member
May 27, 2003
1,165
0
0
If you pursue this, you will most likely find yourself unemployed down the line for "other reasons". Is this really something you want to burn bridges about?
 

Jeff7

Lifer
Jan 4, 2001
41,596
20
81
Wow, they let you carry over any vacation days? Where I work, unused vacation days just vanish on your anniversary date.
Time to move to California. :)
 

Thegonagle

Diamond Member
Jun 8, 2000
9,773
0
71
Take your damn vacation then! Go home, turn your answering machine on, turn your phone ringers off, and "forget" to check your email. Hell, you might as well get the fsck out of town for a week. The company will still be there when you get back. (If it's not, then I guarantee they had bigger problems than you being absent, no matter how important you think are.)
 

T2T III

Lifer
Oct 9, 1999
12,899
1
0
Originally posted by: trmiv
Stop whining? What they are doing is illegal. I'm entitled to 17 days of vacation a yearm and can carry over 3. Last year I had 6 left at the end of the year, so I lost 3 of them. I take vacation, but I should not lose what I don't take, it is protected by law.

Personally, you should not be carrying any days over. Most companies do have policies about this. I've been stung before by carrying days over - and then losing a few of them. However, I'll tell you what, I only did that one time. The following years, I was sure to go ahead and place my vacation requests early so all of my days would be taken -- even if it was just a day added to a weekend for a 3-day weekend.
 

waggy

No Lifer
Dec 14, 2000
68,143
10
81
Originally posted by: BossHogforyou
Sounds like you have some problems, not with you?re with company but with your attitude. It appears they want you to use vacation not take it away. Have you been harmed by this policy? If not, you should shut your mouth and fall in line. In California, employers are not required to pay you for vacation or holidays, its employees like you that screw things up for everyone, the next thing you know they have a policy in place for everything or they drop the whole PTO paid program altogether. Also the employee handbook is for the company policy and may not spell out California Law but it is there policy, if they say you can only carry over three days and you have eight days, do the math, take five days off. Do they need to put a simple addition/ subtraction problem in the book to help you out? It seems black and white to me, use to vacation your entitled to and quit being a problem child. Employees should have such problems; worrying about how many days they can carry over, what a waist of energy, if you put that much energy into work you may make a good employee. The big joke of people like you, you probably did your bitching on this forum on company time. Most company handbooks have a policy about being in chat rooms, IM ing and personal e-mails. Are you in violation now? You need to get a life or help your employer out, GET ANOTHER JOB??????.

bwhahah man that would be funny if this was his boss.

but he does bring up some good points. odds are trimiv is on OT while he is supposed to be working. While personally if done in slow times is fine. if there is work to be done he should do it.

When i ran a computers center a few years ago we had 2 guys that would get on forums all the time. one of them did great work though. the other? was a whinny pansy like trmiv. when we had to fire one can you guess which one we let go?

 

TheGameIs21

Golden Member
Apr 23, 2001
1,329
0
0
Originally posted by: BossHogforyou
Sounds like you have some problems, not with you?re with company but with your attitude. It appears they want you to use vacation not take it away. Have you been harmed by this policy? If not, you should shut your mouth and fall in line. In California, employers are not required to pay you for vacation or holidays, its employees like you that screw things up for everyone, the next thing you know they have a policy in place for everything or they drop the whole PTO paid program altogether. Also the employee handbook is for the company policy and may not spell out California Law but it is there policy, if they say you can only carry over three days and you have eight days, do the math, take five days off. Do they need to put a simple addition/ subtraction problem in the book to help you out? It seems black and white to me, use to vacation your entitled to and quit being a problem child. Employees should have such problems; worrying about how many days they can carry over, what a waist of energy, if you put that much energy into work you may make a good employee. The big joke of people like you, you probably did your bitching on this forum on company time. Most company handbooks have a policy about being in chat rooms, IM ing and personal e-mails. Are you in violation now? You need to get a life or help your employer out, GET ANOTHER JOB??????.

HAHAHAHA lets see....

Trmiv's employer has tracked his online usage HAHAHAHAHAHAHA I am one that normally hates this term but I must say...

TRMIV got owned

 

Eli

Super Moderator | Elite Member
Oct 9, 1999
50,419
8
81
Originally posted by: TheGameIs21
Originally posted by: BossHogforyou
Sounds like you have some problems, not with you?re with company but with your attitude. It appears they want you to use vacation not take it away. Have you been harmed by this policy? If not, you should shut your mouth and fall in line. In California, employers are not required to pay you for vacation or holidays, its employees like you that screw things up for everyone, the next thing you know they have a policy in place for everything or they drop the whole PTO paid program altogether. Also the employee handbook is for the company policy and may not spell out California Law but it is there policy, if they say you can only carry over three days and you have eight days, do the math, take five days off. Do they need to put a simple addition/ subtraction problem in the book to help you out? It seems black and white to me, use to vacation your entitled to and quit being a problem child. Employees should have such problems; worrying about how many days they can carry over, what a waist of energy, if you put that much energy into work you may make a good employee. The big joke of people like you, you probably did your bitching on this forum on company time. Most company handbooks have a policy about being in chat rooms, IM ing and personal e-mails. Are you in violation now? You need to get a life or help your employer out, GET ANOTHER JOB??????.

HAHAHAHA lets see....

Trmiv's employer has tracked his online usage HAHAHAHAHAHAHA I am one that normally hates this term but I must say...

TRMIV got owned
It could be his boss, except in which case the bolded lines make no sense.
 

cerebusPu

Diamond Member
May 27, 2000
4,008
0
0
lol...take the vacation and stop whining. if i were your boss Id replace you if we needed to trim employee numbers.
 

Freejack2

Diamond Member
Dec 31, 2000
7,751
8
91
It's a cut and dry situation all right. They will look for any reasonably legitimate excuse to fire you now. Don't be even 1 second late for work or violate any company rules. If you do, you'll be out on your arse so fast your head will spin.
When you piss off the owner, don't expect to be working there much longer.
 

kermalou

Diamond Member
Jun 22, 2001
6,237
0
0
do not contact the state on this, if you do, you will be out on your ass.

work it out with them
 

Drekce

Golden Member
Sep 29, 2000
1,398
0
76
I work for the Federal Government and we are only allowed a certain number of hours of carried over leave. Anything over that amount is called "use or lose." That goes for all federal employees in all states. Is the Government commiting a crime then? I doubt it.
 

AlienCraft

Lifer
Nov 23, 2002
10,539
0
0
Originally posted by: kermalou
do not contact the state on this, if you do, you will be out on your ass.

work it out with them
Definitley contact the State on this. If it's illegal, they need to be uncovered. If it's not, you will find out what sort of people they are, either way, you're better off, instead of being a whining coward. Retaliatory action is also frowned upon by the State to the tune of triple damages, iirc.
 

kermalou

Diamond Member
Jun 22, 2001
6,237
0
0
Originally posted by: AlienCraft
Originally posted by: kermalou
do not contact the state on this, if you do, you will be out on your ass.

work it out with them
Definitley contact the State on this. If it's illegal, they need to be uncovered. If it's not, you will find out what sort of people they are, either way, you're better off, instead of being a whining coward. Retaliatory action is also frowned upon by the State to the tune of triple damages, iirc.

this is what is wrong with this country, people running to "big brother" instead of working it out.

more often than not this is a small business and it would drastically hurt them, but he can inform them.

he could be fired for "just cause", retaliatory action is very very hard to prove and rare.
 

MaxDepth

Diamond Member
Jun 12, 2001
8,757
43
91
whinny pansy? Hmm. I dunno. Let's see, if he works 8 hours a day and is paid $18/hour, that amounts to $432 and now take 22% in taxes - $336.96. That could be someone's rent (if renting with another person), utilities including phone bill, or a month's worth of groceries. It looks like he has a legitmate gripe about the company taking away his earned income.

As to others, who b!tch about him having company time to post on the board, that is really not our call - is it? Some jobs require people's presence and not a constant work flow (like manual labor). Does his company prevent the use of company resources to surf the web during breaks? Do we know? But everyone has an opinion, beit misguided or not.