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Contract wording vs. management interpretation

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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
 
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ecmst12

Senior Member
I think you are right and your employer is wrong, but he's still the boss. However, if you have an actual contract, not just an offer letter, then take it to a local contracts attorney and have it reviewed. But pay close attention to what it says about terminating the contract early - unless prohibited by the contract, he CAN fire you for pushing this issue.
 

DrgnflyZ28

Junior Member
Thank you ecmst12!

It is an actual contract but non-binding in the sense that we can both equally terminate employment at any given time. The only stipulation is that I give 72 hours notice. I would still offer two weeks regardless.
The funny thing is, he has made several references about former employees that have worked a short time, taken their vacations and then quit within the first year. He seems very adamant about asking us if we plan on staying with them every time a paid off request is made.
Now if he decides to terminate my employment due to my inquiring about the details of the contract, wouldn't that appear to be suspicious?
 

pattytx

Senior Member
OK, let's ignore the attitude for a while and look at the facts.

First of all, paid vacation and sick time are normally accrued (earned) on a monthly or pay period basis. It is very rare for such paid time off to be unconditionally vested immediately. Just because you may be allowed to have the paid time off before it has been earned does not mean it is vested at the time it is granted. So, if you earn 5 days vacation in the first year, you are accruing (earning) 3.33 hours per month.

Now, having said that, wage and hour law doesn't require any paid vacation, sick or personal days or paid holidays, although your "contract" may. If you would like to, you are certainly free to take the agreement to a local attorney versed in employment law and get his/her opinion.

This is not illegal harrassment. Continuing the confrontation with management on something that they are not required by law to provide is a good way to get (legally) fired.
 

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