unpaid vacation bonus

[porta]

About five years ago I found employment with a California company as a "consultant/temporary" employee. As I was not to be directly on the company's payroll I selected a payroll agency from a list provided by the company. Such agency, besides handling my payroll, offered a very limited package of benefits including a vacation bonus of 40 hours pay at the completion of 2080 hours (52 wks X 40 hrs)of work within a continuous 12 months period from the employee's anniversary date of hiring. At the end of my assignement, last December, I had accrued in excess of 1000 hours of work which, in my book, corresponded to about 20 hours of vacation pay on a prorated basis. The payroll agency's refusal to pay comes with the explanation that they do not prorate vacation pay. They cling on the requirement of the 2080 hours in a CONTINUOUS 12 months period. Which means that if an employee misses a single day of work in the entire year and accumulates, say, 2072 hours, there goes his/her vacation pay!! In my opinion, this is nothing but a clever and sneaky ploy on the part of this agency (a national size company)to get out form under their promise and obligation.
What do you think?

[Edited by porta on 07-11-2001 at 07:39 PM]

 

[DRUSS1964]

I could be wrong but I had a similar problem with an employer I quit a job a week befor the year was up and he tried to not pay the vacation pay so I called the labor board (I to am in California) the answer to me was if a company offers vacation pay then it must be prorated
my ex employer paid me the vacation money
my advice is to call the labor board and ask them and see if you get any answers like I said I could be wrong but ask them

 

[JETX]

Druss, your situation was different since you were a direct employee and (I am assuming) not working under contract. The originator WAS working under contract and that is the problem.

I have quite a bit of experience reviewing employment contracts for temporary professional employment and the vacation clause in the contract is very common. It is not as you present it, to invalidate vacation pay if you take a day off, but only when you are 'released' by your employer.

Let me give you an example:
You work as a temporary employee for ABC Temps. They place you at XYZ Corporation on an open-ended contract. You work for them for the full 2040 annual hours (40x52) and ABC then pays you 40 hours 'vacation pay'. [Also note that these hours don't have to be in full weeks. You could be working a 50 hour week with O/T and then would only need to work 41 weeks to get your vacation pay. The key is the 2040 hours of continual assignment.] However, if XYZ only hires you for 6 months per year (1040 hours seasonal work), lets you go and then re-hires you the next year for another 6 months, these two 'sessions' can't be combined to make the full 2040 hours required for vacation pay.

It would help a lot if you would provide a rough chronological history (month-to-month, hours worked) that you are claiming vacation pay is due for.