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Can Employer Force you to give up vacation days for doctor visits?

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djohnsontexas

Junior Member
Texas

I was working for a small company and I informed the owner that I have a damaged back that requires me to use Morphine on a daily basis. I also explained that I had to go to my doctor monthly to be examined and get my medication. No problem. Until the week I informed him that I had a doctors appointment.

I had sent him an inner office email with the news and 10 minutes later he was at my desk leaning over me screaming and cursing at me about how unfair it was that I would need to take time off to see a doctor. I tried to explain to him that I had told him what I had to do to keep working and that he had agreed. He was furious and stomped off. I had been hired not more than 3 weeks prior to this incident and this guy was known for firing people and I needed the job.

So, when he mentioned that why should he give me time off to see a doctor, why didnt I use the free vacation time I was being given I stupidly agreed.

I worked for this man for two years and seriously single handed helped him save his business. All the while he would degrade me about going to the doctor and the time it took from his business being saved. That and he had promised me raises for so long to cover the influx of cash I was alone bringing into his company. Over $1million dollars in profits on a yearly basis for the next 5 years is what I had setup for him. And, his last email to me states that he was going to take care of me and give me the raise we had discussed. But, not the total raise since he couldnt do that. Even though he had hired 3 new employees while stating he was broke!

So, I knew it was a con and I resigned. Last week I sent him an email asking for my last check. He sent one back telling me to basically shove it.

What can I do? Small claims is out of the question in Texas due to the back log. I would be in that mess for 2 years. The amount is less than $5,000 dollars for 20 days of vacation and the last two weeks of my salary. Which he is stating that he is withholding to pay expenses that I signed up for?

What do I do?

PS. Everyone on salary was working a manditory 50 hour work week as well as many were always working even more hours that were salaried employees. I would put in the basic 50 hours, skipped lunches for years, unless taking a client to lunch, worked 4-5 hours at my home after work and still this guy was never pleased.

Plus to top all of this off he emails me after I resigned and expected me to continue to work for him as I formed my own company!
 
Last edited:


cbg

I'm a Northern Girl
There was nothing illegal or even unreasonable about expecting you to use vacation time when you have to be off work for personal reasons, even doctor's visits.

You have have not been paid for all the time you actually WORKED, you can file a complaint with the TWC. Texas law does not require that you be paid for unused vacation time.
 

Beth3

Senior Member
Agreed. It would have been nice for the owner to grant you additional time off for your doctor's appointments but he certainly wasn't required to. He can require you to use vacation for any time off you need to take.

I'm not unsympathetic to how badly you were treated but you chose to stay working for this guy for two years, even after it became clear he was a lousy person to work for. It's no surprise he's trying to stiff you now.

As cbg said, you may file a complaint with the TWC for your unpaid wages.
 

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