vacation pay

[Rangersid]

I have worked for a company for 61/2 years. I started in 10/94 and quit in 9/98. I had aquired 2 weeks of vacation. I was hired back in 8/99 and I asked if I could have any vacation as part of the deal. I was told no. I had to go to part time in 3/00 until 6/00 because of an illness. I went back to full time in 6/00. I called our payroll dept. in 3/00 to see if i had any vacation. I was told no because i had been part time for 3 months. I am now resigning my position and i happened to stumble across the vacation policy in pur operations manual and come to find out that because i was not gone for an entire year the company would recognize my previous years of experience which as of 8/99 was 3. I called human resources today and they told me that that was an old policy and they have never done that and it states that in the employee handbook. The handbook does not talk rehires. It only says if you leave the company your employee benefits end which i understand but i was rehired within a year. Also this policy has never been updated and i have proof of that.
Do I have a case?

 

[loku]

Vacation pay

You may have a case, but it is shaky. It depends on the status of the operations manual and its relation to the employee handbook. If the handbook has been handed out to employees and if the employees are told that the handbook contains the company policy, you would probably lose the case. On the other hand, if the employees rely more on the operations manual, then you could possibly win. The fact that the handbook is the newer of the two works against you.

 

[Rangersid]

O.K. so I called the human resource manager and told them that I had called the Indiana dept of labor and they said that I was owed the money, which I did and they did say that I was owed it. They called me back and told me that because of my tenure, that they had decided that I was owed vacation from 99 and that it would carry over and they would pay it to me. I got a check today for 67.15. I was making 40,00 in 99. I hadn't pursued it any further because i trusted that they would pay me. Plus they owe me retro from a review that ws 3 months past due and expense checks. What do I do now. They purposely sent so it would get to me on a Friday and I could do nothing about it.

 

[TCB4U2B2B]

Sad Truth of the Matter

Hello Rangersid

Are you sure your vacation pay wasn't based on your fulltime hours? Sounds like it was based on your partime hours.

If your not 'happy as a clam in salt water' with what you alread got, push the issue further. However, consider what loku mentioned. Your on shaky ground.

Question Answered.
This Case Closed. Next Case!
Regards and Good Luck.
TCB4U2B2B
At Your Service.
Providing No Real Legal Advice. Administering "Huge Doses of Reality" on Demand or as Required...
Personal Quote: "When In Doubt, Consider All Your Options and Allow Common Sense To Prevail."