PTO rip-off

[fivehua]

Texas

I work for a corporation in San Antonio, TX which bids on federal and DoD contracts supporting Information Assurance. My work includes lots, and lots of travel. The company was recently bought by a major Government Contractor in November 2011.
All of us employees were given a new "Employee Handbook" with the new corporations policies in it.

The new policy states that employees may carry over up to 240 hrs of time off each year. It also stated that upon termination, employee will be reimbursed for ALL unused personal time off hours.

Last week, I informed our Vice President, and HR Director that after working for the company for 9 1/2 years, I would be retireing at 59 years old with my last day being April 20, 2012. I currently hold 185 PTO Hours and should accumulate another 48 hours by April 20th, 2012 giving me 233 total hours.

I was told that the New Corporate policy did not pertain to those employees from the old company, and I was only allowed to roll-over 120 hrs from the previous year, thus they are removing 40 hrs from me immediately, and secondly, I can only sell back 80 hrs max upon termination. Third, they re-wrote the corporate policy and distributed it 2 days after I informed them of my decision to retire. I then put in a vacation request for 3 weeks, which they immediately disaproved, (but they said they will get back to me on a viable solution) huh?

As I stated earlier, I travel quite often, I actually had 12 trips out of town last year, and 3 so far this year each from one to two weeks in duration, making it hard to plan vacations. I will be loosing over 233 hours of personal time off totalling approximately $11,300. They will at least pay me 80 PTO hours upon termination, which should be about $3,800.

Seriously, I understand texas is a right to work state, but can they legally screw me over like this, especially after 9 1/2 years of dedicated service?

 

[LdiJ]

Texas

I work for a corporation in San Antonio, TX which bids on federal and DoD contracts supporting Information Assurance. My work includes lots, and lots of travel. The company was recently bought by a major Government Contractor in November 2011.
All of us employees were given a new "Employee Handbook" with the new corporations policies in it.

The new policy states that employees may carry over up to 240 hrs of time off each year. It also stated that upon termination, employee will be reimbursed for ALL unused personal time off hours.

Last week, I informed our Vice President, and HR Director that after working for the company for 9 1/2 years, I would be retireing at 59 years old with my last day being April 20, 2012. I currently hold 185 PTO Hours and should accumulate another 48 hours by April 20th, 2012 giving me 233 total hours.

I was told that the New Corporate policy did not pertain to those employees from the old company, and I was only allowed to roll-over 120 hrs from the previous year, thus they are removing 40 hrs from me immediately, and secondly, I can only sell back 80 hrs max upon termination. Third, they re-wrote the corporate policy and distributed it 2 days after I informed them of my decision to retire. I then put in a vacation request for 3 weeks, which they immediately disaproved, (but they said they will get back to me on a viable solution) huh?

As I stated earlier, I travel quite often, I actually had 12 trips out of town last year, and 3 so far this year each from one to two weeks in duration, making it hard to plan vacations. I will be loosing over 233 hours of personal time off totalling approximately $11,300. They will at least pay me 80 PTO hours upon termination, which should be about $3,800.

Seriously, I understand texas is a right to work state, but can they legally screw me over like this, especially after 9 1/2 years of dedicated service?

What was the policy under the previous management?

 

[fivehua]

rollover 120 hrs and pay only 80 hrs upon separation.

 

[swalsh411]

I don't think they can do that.

Texas Administrative Code (a) For purposes of §61.001(7)(B) of the Act, vacation pay and sick leave pay are payable to an employee upon separation from employment only if a written agreement with the employer or a written policy of the employer specifically provides for payment.

You had a written agreement with them which says you can carry over 240 and are paid out for everything. Unless they can show that they told you that this policy did not apply to you (because you were remaining under the old policy) I don't think they would win in court. (if it came to that).

I wouldn't get all worked up until you are actually not paid for that time. These things have a way of working out once HR and management realize that the law does not support them. What you might want to do in the meantime is send them a link to the law, but don't threaten to sue or anything like that.

 

[cbg]

FYI, right to work means that you do not have to join a union to get work. It has nothing to do with your situation.

TWC does not tend to get very worked up about vacation payouts. I'm not saying don't file a claim if you are not paid. I'm saying don't expect a lot.

 

[swalsh411]

The small claims limit in TX is 10,000 so you could also do that if you aren't paid.

 

[ESteele]

Did you accumulate your leave while working on federal government contracts subject to the Service Contract Act (“SCA”)? If you did, then you may want to contact the U.S. Department of Labor (“DOL”) to inquire about the possibility of lodging a DOL complaint if you do receive all of your accumulated leave. If the underlying federal contracts were subject to SCA, the successor employer may have an obligation to allow a covered employee to utilize all of the leave accrued during his or her tenure with the predecessor employer (consistent with applicable Wage Determination).