vacation benefits

[KMHA2005]

What is the name of your state? Oregon

I work for a large non-profit HMO. I was hired on 7-1995 into an on-call, non-union, hourly position. I have been continuously employed since 7-1995. I have held many positions (both with and without a benefited status) during the last 10 years. I just completed my Doctor of Pharmacy degree and I am now a licensed Pharmacist. I am a member of the Pharmacists Guild.

I just received the benefit package from my employer which states that the amount of vacation time you receive is based on your years of "continuous employment" ... for me it would be 10 yrs and 4 weeks of vacation. I also have read the Guild contract which states that vacation is based on continuous employment. In addition the Guild states "Employees hired prior to September 1, 1995 - seniority shall be defined as the first date of hire on a total organization basis, regardless of classification or bargaining unit, provided there has been no loss of seniority.."

The Guild and my employer are now telling me that I am not entitled to 4 weeks vacation. Despite what the contract and their forms say (which they claim were supposed to be updated in 2002) vacation is decided by adding up only the time that an employee has been in a benefited status...

Do I have a case here?

 

[cbg]

A case for what? They're not required by law to give you any vacation at all.

 

[Beth3]

If you are asking whether any laws require an employer to extend vacation to you based on your 10 years of total employment, the answer is no. The matter at hand is entirely one of company policy and the Guild contract you cite.

 

[KMHA2005]

What is the purpose of a contract if employers are not obligated to abide by it?

 

[cbg]

Are you certain that what you have is actually a contract?

 

[Beth3]

Your own Guild isn't supporting your interpretation of the contract. If you want to dispute this, then your recourse is to hire an attorney and sue the employer and the Guild.

 

[KMHA2005]

When I spoke to the Guild they absolutely agreed with my interpretation. However, they left a message on my phone stating that after speaking with Human Resources the calculation will be made on time spent in a benefited status ... this is not anywhere in the contract nor in the HR paperwork.

Yes, the Guild has a written contract of which is effective to April 30, 2006.

 

[Beth3]

Okay but that still doesn't change your recourse, which is entirely civil. If you want to pursue this, you'll have to hire an attorney and file suit.

 

[KMHA2005]

Yes, I understand that. My question to the attorney with experience in this area is what is the likelihood of prevailing?

 

[Beth3]

You're asking someone to comment on the enforceability of a contract without having read it. Sorry but that's impossible.

 

[KMHA2005]

My bad ... I should have expected this from a free internet site. So, where did you get your JD?

 

[cbg]

Feel free to contact any attorney in the phone book, your choice, ask them the same question, and see if THEY will comment on the enforceability of a document they haven't read. It has nothing to do with this being an internet site, or free.