Question regarding terms stated in offer letter.

[gbhsmh]

What is the name of your state (only U.S. law)? Virginia

I received an offer letter from a company stating that I would receive $x/hr and have x vacation days in the 2013 calendar year, which I had to sign and return. My issue is that now that the time is here, I am told that I am being forced to save a fairly large percentage of those days for around the holiday season at the end of the year. Their reasoning is so that we will be paid for the time which the company plans to be closed anyway and is not covered under holiday pay. I questioned the fact and asked why it is that we can not decide ourselves if we wish to be paid for those days and use our vacation time before. I was approached by a higher up who in no uncertain terms stated that this is a right to work state and I can be fired for any reason at any time. While I already knew this, it was pretty obviously a blatant attempt at intimidation. That is not the issue however. My question is this. If I sign my offer letter stating I have x number of days in vacation and am forced to save much of it for the time they already know they will not be open, is that even really vacation time? I know at the very least it is a sleazy practice because there was no mention of it at any time before hire. I know that not all offer letters are contracts etc, but it seems as if this part would be binding. I can understand not being able to use vacation during certain busy seasons etc, but being made to take it when they are already closed anyway? Please advise and thank you in advance!

 

[swalsh411]

It is perfectly legal for your employer to dictate to you when you get to take your vacation. You don't call the shots; they do. They do not have to let you take vacation when you want to. And they also don't have to offer paid holidays.

P.S. "right to work" has nothing to do with this.

 

[gbhsmh]

It is perfectly legal for your employer to dictate to you when you get to take your vacation. You don't call the shots; they do. They do not have to let you take vacation when you want to. And they also don't have to offer paid holidays.

P.S. "right to work" has nothing to do with this.

Thanks for the reply. If a company can tell you your vacation has to be used when they are closed, I did not think that constituted vacation. So basically it is a legal way of lying. I could say you get 52 vacation days a year just to get tons of hires, then mandate they all be taken on Sundays by that way of thinking. If you are correct, that just goes to show how the world we live in is. Again, thanks for taking the time to reply.

 

[cbg]

You were told you would get x days of vacation. You got x days of vacation. I very much doubt that your offer letter specified that you could use it any time you want to. It is ALWAYS up to the employer when and whether you can use the time.

 

[swalsh411]

Thanks for the reply. If a company can tell you your vacation has to be used when they are closed, I did not think that constituted vacation. So basically it is a legal way of lying.

Not really. You're getting paid for time you didn't work. That's vacation pay, "paid time off", whatever you want to call it.

If you took your vacation when they were open and could have been working, then are not paid when they are closed, your income for the year would be less. If anything they are doing your wallet a favor by saying you have to take it when they are closed.

Being closed for a week or more during a set time of the year is very common in manufacturing because they need time to clean, mantain, and re-tool the equiptment. It's just something you get used to.

 

[gbhsmh]

You were told you would get x days of vacation. You got x days of vacation. I very much doubt that your offer letter specified that you could use it any time you want to. It is ALWAYS up to the employer when and whether you can use the time.

Thank you as well. I guess the point was that when you are told what day you have to take a vacation day, especially when the place isn't even open, it does not seem to meet the definition of vacation day. Like I said, if nothing else, its at least dirty and misleading not to mention any of this before hand. And they wonder why they are constantly hiring new people and no one stays. Fair enough, I'll just look for another job. I can't work 6 days a week for 10 months straight with hardly any time off. Thanks for all the replies. They can continue to fail because of how they are run. I get that its their choice.

 

[gbhsmh]

Not really. You're getting paid for time you didn't work. That's vacation pay, "paid time off", whatever you want to call it.

If you took your vacation when they were open and could have been working, then are not paid when they are closed, your income for the year would be less. If anything they are doing your wallet a favor by saying you have to take it when they are closed.

Being closed for a week or more during a set time of the year is very common in manufacturing because they need time to clean, mantain, and re-tool the equiptment. It's just something you get used to.

Understood and thanks. I guess its time to just go someplace else. I can't continue to work all this mandatory overtime 6 days a week for 10 months straight so far, get no time off and let my property and family suffer. Thanks again and take care. I'll be removing the thread soon if I can.

 

[swalsh411]

There is no reason to delete your thread. In fact please don't because it can be helpful to others.

 

[TinkerBelleLuvr]

I worked in an accounting office where they stated we received two weeks vacation and five sick days. One caveat - you could NOT use those from January 3 to April 15. Don't care if you were in the hospital for a week during that period. Um, yeah - we all showed up and planned vacation the rest of the time.

They would close the office from December 24 through January 2 - guess who took vacation time then? Perfectly legal.

 

[LdiJ]

Thanks for the reply. If a company can tell you your vacation has to be used when they are closed, I did not think that constituted vacation. So basically it is a legal way of lying. I could say you get 52 vacation days a year just to get tons of hires, then mandate they all be taken on Sundays by that way of thinking. If you are correct, that just goes to show how the world we live in is. Again, thanks for taking the time to reply.

Are you normally paid for Sundays? No, you are not. Therefore if you had to take your vacation days on Sundays then they would have to pay you for those Sundays.

Vacation days are paid time off. If they are requiring you to use them during a period of time when you would normally not be paid for a business shutdown, and you are getting paid instead due to the vacation days, then you are getting what they are intended for.

 

[eerelations]

...its at least dirty and misleading not to mention any of this before hand.

It's not "dirty and misleading" it's perfectly normal. All employers operate this way, and the vast majority of employees/would-be employees know this. (Right, occasionally there's someone who doesn't know this, but without access to crystal balls, employers can't tell which of the hundreds of employees they have/plan to hire are the few who don't happen to know this.)

 

[cbg]

I doubt if you will ever find an employer who will allow you, without exception, to take vacation any time you want to. There are always black out periods when you cannot take vacation, and it is common in more industries than manufacturing for there to be a week closure between Christmas and New Year's. Sure, it would have been nice of them to have mentioned it beforehand but they didn't violate any laws, or rights, by not doing so.

 

[commentator]

Just goes to what I always say, that people really think they have a lot more labor rights and think employers have to do a lot more things fairly or to their benefit than they do. But this OP has the right idea. That the employer would threaten him with "right to work" instead of "at will" shows they're kind of dumb bunnies who don't really understand employment law. Finding a better employer is the only recourse. Like someone else, I doubt if he will find someone who lets him take his days of vacation at will, without regard for the company's agenda, but anyhow, it pays to keep looking.