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Verbal Only for Vacation time

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AMuse

Junior Member
What is the name of your state? NY
A yr and a half ago I was offered another job, and went to my employer. He counteroffered, and I accepted. There was a verbal agreement with him offering more money, and more vacation time, as well as 4 days of holiday time I could use whenever I chose. He takes off a week in April, week in August, and a week at Xmas. I used a week of the time in April, a week in August, and was going to use my 4 days holiday time now during Xmas break, and when I confronted him with this, he tried to deny me my time, telling me I only had 4 hours of time left. That time is "accrued". I was NEVER told this during the VERBAL agreement. He said he would check into it, and he has never returned my email messages during this Xmas break. I believe there is a NY labor law 195.5 stating that verbal agreement is just as good as a written agreement(if they can prove it, I have been checking it out online of course), or it is a civil penalty. Our pay stubs never show how much vacation time we have, or I would have known ahead of time he was shafting me. I go back to work on Wed., and obviously he is avoiding me.

I work a 32 hour work week, sometimes less, because he sends us home if there is nothing to do (cheap). That is why I would never have agreed to anything being "accrued" if he had brought up such a thing anyway. It sounds rediculous, but all week, I have been thinking about it, and wondering, the stress is killing me. 4 days of no pay is 4 days of h*ll. If he choses not to pay me because it was not in writing, do I push it and go to the Labor Dept.? And give two weeks notice and have to look at him for the next two weeks? I work directly next to him for 8 hours 4 days a week with the profession I have. Knee to Knee.

I suppose at this point it is a 50/50 guessing game until Wed.
 


eerelations

Senior Member
99% of all employees who get paid vacation time have it accrued. It is extremely unusual for employers to grant paid vacation time off before said paid time is accrued. It's more than possible that your boss neglected to mention that the additional vacation time he was offering must be accrued because he assumed that you already knew this. (Like most employees already know this.)

Even if the New York DOL does accept employer/employee verbal agreements to be as valid as written agreements (and I suspect it doesn't, I think that what you've been researching are laws pertaining to consumer agreements), it may decide that it's perfectly acceptable for your employer to have deemed this additional paid vacation to be accruable. After all, your boss never actually said to you that this extra vacation time could be taken in advance of it's being accrued, did he? And if he didn't, then there's no verbal agreement, right?
 

AMuse

Junior Member
reply

I do not work a 40 hour work week. So possibly it is unusual that he did throw me this bone trying to keep me. The prior arrangement before the two weeks, and 4 days holiday pay, was a one week vacation. It was not accrued either. I work 4 days a week. 32 hour, if that, work week. Period.

But, he and I both know what was said as far as I am concerned, now that I have had time to think about it. And morally, he can do what is right. There are plenty of full time jobs with benefits and retirement, and contracts that are binding. I suppose I will just give my notice, and find an honest employer, that will treat me with the respect and dignity I deserve. I do have a family to support.

Thank you for the advice.

Oh, one more thing. There are only 2 employees. This is not some company or Inc. business. so, possibly this is the 1%. Until of course he felt like not paying out in the end. I am talking my holiday 4 days now. There is no reason for not paying me my 4 days holiday time. Now have you ever heard of such an arrangement? I hadn't either.. but I should have known that paper contract was not brought out.
 
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AMuse

Junior Member
OH one more thing

About the searching on the laws pertaining to the verbals. I had read about the 195.5 labor law in NYS. It didn't have anything to do with any consumer law I had read by the way...
This is what it had stated.


Q: What is the status of an employer's oral agreement to provide a particular fringe benefit?

A: Section 195.5 of the Labor Law states:



Every employer shall notify his employees in writing or by publicly posting the employer's policy on sick leave, vacation, personal leave, holidays and hours.

If an employer does not have a written policy, the oral policy (or past practice) may be enforced -- if the terms of the policy can be confirmed through an investigation. Moreover, violators of § 195.5 are subject to civil penalty.
 

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