DrgnflyZ28
Junior Member
What is the name of your state? Florida
It’s my first time posting here so please bear with me.
I am currently a W2 employee of a company. I am on a three year contract along with three other individuals. My question is regarding the interpretation of what appears to be quite clear and concise. Under the “Benefits for Exempt Employees” section reads:
Start quote: “Employee is entitled to two (2) paid “sick” days, two (2) paid “personal days”, no paid Holidays, and one (1) week paid vacation during the first year of Employment. Thereafter, employee is entitled to one (1) week paid vacation during the second year of employment, two (2) weeks paid vacation during the third, fourth and fifth years of employment.” – End quote
Now at this point all four of us feel that this clearly stated that during the first year of the contract (within the 365 days) we are entitled to 2 sick, 2 personal and 1 week vacation. There is no stipulation as to WHEN or HOW to take these paid days off. I have been paid for both sick and personal but the employer refuses to pay the vacation days because we have not earned it. Further more he claims that we are not entitled to anything and we need to earn the vacation. The contract clearly states that we are entitled.
This is a quote from en email he sent to us regarding our questioning this matter. He clearly contradicts himself:
Start quote – “When do you get paid for your weekly salary?
1. at the beginning of the week
2. anytime in the middle of the week
3. at the end of the week
Answer: number 3 is correct.
You EARN your week’s pay DURING the week. You get paid at THE END of that week.
You get paid because of services provided, AFTER you provide them. Salary and benefits.
You earn your salary during the week. You get paid at the end of the week.
You earn your vacation during the year. You get to use it at the end of the year.
The logic of this is simple: you reward the employees with paid time off, after they work with you for one year. That is why it is called a yearly vacation. It takes a year to earn it. You get it once a year. Otherwise, what would prevent a new hire to work for day and take ‘their’ vacation time starting the next day? This is absurd.
Difference with sick and personal days, which can be taken anytime, is that sick and personal days are not elective, they are emergencies, and we are kind enough to pay (up to 4 of them per year), even though we do not get paid, so in an emergency, the employee does not have to suffer, in addition, loss of income.
Vacation time is elective; people can take them when they chose to, but only after they EARN it.
Bottom line is entitlement vs. earning. At (name of company) people EARN, we are ENTITLED to nothing. What they have here is the opportunity to earn, not some kind of entitlement. The difference is fundamental.
It is interesting that this issue always comes on the heel of something extra we do for our employees. We just gave them $50 in gift cards, plus 2 extra paid days, a value of some $500.00. This is quite frustrating.
I will not address this issue again. We all have choices.” – End quote
Today I invited him to a meeting to discuss the matter with all four of us. He replied in an email that is indicative of a threat. Here is a portion:
Start quote – “You cannot try to create a situation to confront your Management, as you ‘invitation’ below clearly demonstrates. This is an unacceptable tactic and I warn you to immediately abandon it, and never try it again. Your continued employment with us depends on it. This is the one and only warning you will receive.” End quote
My question – Do I have a legal case where this is considered harassment or breach of contract?
Please help! Thanx in advance
It’s my first time posting here so please bear with me.
I am currently a W2 employee of a company. I am on a three year contract along with three other individuals. My question is regarding the interpretation of what appears to be quite clear and concise. Under the “Benefits for Exempt Employees” section reads:
Start quote: “Employee is entitled to two (2) paid “sick” days, two (2) paid “personal days”, no paid Holidays, and one (1) week paid vacation during the first year of Employment. Thereafter, employee is entitled to one (1) week paid vacation during the second year of employment, two (2) weeks paid vacation during the third, fourth and fifth years of employment.” – End quote
Now at this point all four of us feel that this clearly stated that during the first year of the contract (within the 365 days) we are entitled to 2 sick, 2 personal and 1 week vacation. There is no stipulation as to WHEN or HOW to take these paid days off. I have been paid for both sick and personal but the employer refuses to pay the vacation days because we have not earned it. Further more he claims that we are not entitled to anything and we need to earn the vacation. The contract clearly states that we are entitled.
This is a quote from en email he sent to us regarding our questioning this matter. He clearly contradicts himself:
Start quote – “When do you get paid for your weekly salary?
1. at the beginning of the week
2. anytime in the middle of the week
3. at the end of the week
Answer: number 3 is correct.
You EARN your week’s pay DURING the week. You get paid at THE END of that week.
You get paid because of services provided, AFTER you provide them. Salary and benefits.
You earn your salary during the week. You get paid at the end of the week.
You earn your vacation during the year. You get to use it at the end of the year.
The logic of this is simple: you reward the employees with paid time off, after they work with you for one year. That is why it is called a yearly vacation. It takes a year to earn it. You get it once a year. Otherwise, what would prevent a new hire to work for day and take ‘their’ vacation time starting the next day? This is absurd.
Difference with sick and personal days, which can be taken anytime, is that sick and personal days are not elective, they are emergencies, and we are kind enough to pay (up to 4 of them per year), even though we do not get paid, so in an emergency, the employee does not have to suffer, in addition, loss of income.
Vacation time is elective; people can take them when they chose to, but only after they EARN it.
Bottom line is entitlement vs. earning. At (name of company) people EARN, we are ENTITLED to nothing. What they have here is the opportunity to earn, not some kind of entitlement. The difference is fundamental.
It is interesting that this issue always comes on the heel of something extra we do for our employees. We just gave them $50 in gift cards, plus 2 extra paid days, a value of some $500.00. This is quite frustrating.
I will not address this issue again. We all have choices.” – End quote
Today I invited him to a meeting to discuss the matter with all four of us. He replied in an email that is indicative of a threat. Here is a portion:
Start quote – “You cannot try to create a situation to confront your Management, as you ‘invitation’ below clearly demonstrates. This is an unacceptable tactic and I warn you to immediately abandon it, and never try it again. Your continued employment with us depends on it. This is the one and only warning you will receive.” End quote
My question – Do I have a legal case where this is considered harassment or breach of contract?
Please help! Thanx in advance
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