I need some input

Discussion in 'Archived Threads 2001-2004' started by Jeff Pryor, Mar 8, 2003.

  1. Jeff Pryor

    Jeff Pryor Supporting Actor

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    Hey, guys, I just recently lost my job due to circumstances beyond my control. This company I worked for has a very weird vacation-pay policy: you can take your vacation time whenever you want, but they only pay you for it during the months of May thru August, and only when the initial of your last name comes up: May A-F, June G-L, July M-R, August S-Z. The policy reads like this--

    "The employee has no vested rights until the pay is due and you must be employed full-time from the time you start your vacation accummulation until the time of issuing your vacation check to be eligible to recieve the check."

    I have accrued 1 week's vacation that I never got a chance to take before being terminated, and now I'm being told that I won't be compensated for it because I won't be employed with the company when the checks are issued. This is just a total bullshit policy. I really need that pay, and I feel that I earned it fair and square. Is there anything that I can possibly do to force them to give me what is rightfully mine?
     
  2. Rain

    Rain Producer

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    I don't know what you guys have in the US, but surely there is some governing board for employer/employee issues.

    If so, I would contact them and lodge a complaint.

    I can't tell you how sick I am of employers trying to screw employees and landlords trying to screw tenants.

    I suspect most of them try it simply because most employees and tenants don't know much about the actual "rules" and won't bother to pursue the matters.

    Please make sure you do!
     
  3. JohnRice

    JohnRice Lead Actor

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    That governing board would be your State's Attorney General. Absolutely give them a call. This is exactly what the office is there for. You could always call some local TV station's consumer advocate. Nothing like a bad public image to get things changed.
     
  4. Carl Miller

    Carl Miller Screenwriter

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    I'm sorry to say I doubt you have much recourse but I think your State Department of Labor would be the place to call to see if this company is violating any state labor laws with that policy.
     
  5. Bruce Hedtke

    Bruce Hedtke Cinematographer

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    And that vacation policy is about the stupidest thing I've ever heard.

    Bruce
     
  6. Wayne Bundrick

    Wayne Bundrick Cinematographer

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  7. BrianB

    BrianB Producer

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    That is one bizarre paid vacation policy. Utterly bizarre. Is it even legal?
     
  8. Jeff Pryor

    Jeff Pryor Supporting Actor

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    Wayne, thanks for that link! I found that Tennessee (where I work) has just such a law that states an employee must be paid any accrued vacation time as part of the final paycheck. I believe I will make an appointment with the TN Labor Dpt. [​IMG]
     
  9. Jeff Pryor

    Jeff Pryor Supporting Actor

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    Well, that was a complete waste of my time. TN does not regulate things such as vacation time or pay. Guess I've just been fucked out of 40 hours of time that was rightfully mine. I hate this shit and it's fucking wrong to treat people this way and get away with it!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!
     
  10. Carl Johnson

    Carl Johnson Cinematographer
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    What kind of company is this? The only way I can see that policy being an advantage is if they were busy eight months out of the year and wanted to encourage the whole work force to spread out their vacations May-August.
     
  11. Wayne Bundrick

    Wayne Bundrick Cinematographer

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    Jeff, maybe you should consult an attorney. It sounds like the company is able to cheat people out of their vacation pay by making sure to fire them before July. If you were fired in October and you had not yet taken a vacation then the company paid you for a vacation you didn't take. That's inconsistent and it seems to me that whenever people are treated inconsistently there is a case to be made.

    I don't understand the idea of vacation pay anyway. At my job, if I take a vacation, the "vacation pay" I get is my regular paycheck as if I had been working, i.e. I get that many days off "with pay". Therefore, my "vacation pay" is paid as I take the vacation, and it makes sense that the company doesn't owe me anything if I am fired before I take a vacation.

    The only thing I don't like about my company's vacation policy is it's "use it or lose it" based on the calendar year. I've been there long enough to get 3 weeks each year, and I have to take 3 weeks off by December 31 or I'll lose it. On the other hand, on January 1, I immediately accrue another 3 weeks.
     
  12. John Thomas

    John Thomas Cinematographer

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    opinion not needed
     
  13. CRyan

    CRyan Screenwriter

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    John, your last comment was simply not needed.

    Anyway, you have to remember that vacation pay is simply a benefit that a company offers to make them look more attractive to prospective employees. Many companies do not even have paid vacation options.

    Although, with that policy, I am not even sure why your company ever even offered it. Very strange indeed. Sorry to hear about your job loss.


    C. Ryan
     
  14. John Thomas

    John Thomas Cinematographer

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    yeah
     
  15. JohnRice

    JohnRice Lead Actor

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    I got news for you. Unless you are under contract, in most states you are employed "At Will" and can be terminated for no reason. In fact, it is smartest for an employer to not give a reason. They can just say that your employment is "No longer mutually beneficial."
     
  16. John Thomas

    John Thomas Cinematographer

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    blah
     
  17. JohnRice

    JohnRice Lead Actor

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    John Thomas, before you disregard what I say, you might check into it. Most people are employed "At Will" which is the legal term, and don't even know it. Unless you actually have a signed contract, you can be terminated for basically no specific reason, so long as they don't give an illegal reason like gender religion, etc. The fact is, even in those cases, they usually get away with it.


    What's into you? I see you attacking a few people today. Did someone piss in your Cheerios?
     
  18. Charles J P

    Charles J P Cinematographer

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  19. JohnRice

    JohnRice Lead Actor

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    Charles, dude, I was talking to John Thomas. He didn't lose his job.


    [​IMG]
     
  20. Carl Miller

    Carl Miller Screenwriter

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    Jeff, I'm sorry to hear you had no recourse against this, it's a lousy way to treat people. I was thinking the same thing that Wayne did regarding how this company may be operating intentionally to avoid paying that money.

    Still though, if the TN Dept of Labor said they have no regs against this, a lawsuit would be useless.
     

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