Can they do that?

[bambi66]

This is Indiana.

my husband was laid off for 3 1/2 months (aug - mid dec 2001). upon returning to work, the company moved his hire date back 3 1/2 months. this, of course, affected his vacation and annual review (for pay increases). is this something a company can do legally?

any advice is appreciated.

 

[cbg]

Yes.

He wasn't working for that 3 1/2 months, right? He hasn't yet accrued a full year's time since his last review, right? Vacation time does not usually accrue when one is not working.

I don't see anything remotely illegal.

 

[Beth3]

The only exception might be for your husband's retirement plan, if he has one through work. Whether the company can adjust hire date will depend upon what type of plan it is and whether this is addressed in the Plan Document. You'll have to get hold of a copy of the Plan Doc and read through the fine print to see what it says.

If he's in a defined contribution plan (such as a 401K) and he's already fully vested, then don't bother - it won't matter a bit. If it's a true pension plan (defined benefit) or isn't yet fully vested in a defined contribution plan, then you'll want to check this out.

 

[cbg]

Good catch, Beth - thanks.