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Little legal advise? my old employer won't give me my last check...

pnj

pnj

Turbo Monkey till the fat lady sings
Aug 14, 2002
4,696
40
seattle
so I worked for the same place for 4.75 years. I had 400 plus vacation hours (poor management, they should force you to take it IMO)

we received a letter saying we needed to take the extra hours (anything over 288) before X date or you could request an extension. We sent in letters (my supervisor/boss did) saying we needed an extension due to projects we were working on.

it seemed like they granted the extension. however, a few people quit including myself. now they are saying they won't grant those extra hours and we are screwed out of that money.

we will more then likely have to be contacting a lawyer...

asides from putting a dead hooker in their office, do you have any suggestions on how this should be handled?

:mumble:
 
J

JRB

Guest
In reading most policy books, they won't pay vacation if you leave on your own accord. Most hourly employees don't get it when they are fired. Most salaried employees get it in a severance package if they are fired, or asked to resign. Without seeing the documents, I can't say, but based on the last 3 jobs I have had, all in the corporate world, you don't have any recourse.
 
J

JRB

Guest
All of that said, I would poop in his/her desk drawer. Multiple drawers may be needed.
 
pnj

pnj

Turbo Monkey till the fat lady sings
Aug 14, 2002
4,696
40
seattle
well they ARE paying 288 hours of it. that is the max number of hours allowed.

however, everyone usually ends up with more then that which is why they sent the letter out saying if you need an extension, blah blah....

it was supposed to be used up by the end of the year or you need an extension. there was NO way we could use up the hours due to project deadlines (and the fact that they sent out the letter too late in the year..)
 
I Are Baboon

I Are Baboon

Vagina man
Aug 6, 2001
32,741
10,676
MTB New England
Does the last check include regular pay, or just vacation payout? Your DOL website indicates regular earnings must be paid at the end of your regular pay period. If they are holding that back, contact your Department of Labor.

A business is not required to give you vacation pay, so check your company policy if you still have it. Your only good chance of getting that money paid out is if it is clearly stated in the company policy. Our company does state in our handbook that unused vacation pay gets paid out upon termination.
 
J

JRB

Guest
pnj said:
well they ARE paying 288 hours of it. that is the max number of hours allowed.

however, everyone usually ends up with more then that which is why they sent the letter out saying if you need an extension, blah blah....

it was supposed to be used up by the end of the year or you need an extension. there was NO way we could use up the hours due to project deadlines (and the fact that they sent out the letter too late in the year..)
Click to expand...
ahh - do you have anything in writing??? I hope. That's 25% of your hours. Ouch.
 
Slugman

Slugman

Frankenbike
Apr 29, 2004
4,024
0
Miami, FL
pnj said:
well they ARE paying 288 hours of it. that is the max number of hours allowed.

however, everyone usually ends up with more then that which is why they sent the letter out saying if you need an extension, blah blah....

it was supposed to be used up by the end of the year or you need an extension. there was NO way we could use up the hours due to project deadlines (and the fact that they sent out the letter too late in the year..)
Click to expand...
Unless you have a written confirmation that they granted the extension, the best you're going to get is the 288.
 
dfinn

dfinn

Turbo Monkey
Jul 24, 2003
2,129
0
SL, UT
How do you get that much vacation built up anyways?

I'm almost constantly on the verge of not having any left and having to take time off unpaid. I love vacation.
 
Ciaran

Ciaran

Fear my banana
Apr 5, 2004
9,841
19
So Cal
SkaredShtles said:
Jeezus H. Krist! I can't even seem to save up 40 hours of vacation without burning it up......... :think: :D
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:stupid:

At my company we cap out at 500 hours. And there are people who have hit this cap! I tell them to donate their vacation hours to me, I'll use them. (Yes the company lets us donate/give away vacation hours)
 
J

JRB

Guest
I think I can even take vacation this year, even though I haven't earned it. If I don't work through the year, I have to pay it back. I am sure I can work with it though.
 
SK6

SK6

Turbo Monkey
Jul 10, 2001
7,586
0
Shut up and ride...
The laws vary depending on jurisdiction, typically however, it is unlawful to withhold ANY monies less it be a lean or child support. The best advice I can give is for you to contact either the employment commission where you live or an attorney who specializes in employment law.

(This information shall by no means be considered legal advice, but is a discussion of the legal theories presented herein. For handling any legal matter one is strongly urged to seek legal council for their specific legal need.)
 
SK6

SK6

Turbo Monkey
Jul 10, 2001
7,586
0
Shut up and ride...
loco said:
SK6 - I don't think anyone HAS to pay vacation though.
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Again, that varies according to jurisdiction, however, vacation in many instances can be considered a part of the compensation of an employee.
 
Ciaran

Ciaran

Fear my banana
Apr 5, 2004
9,841
19
So Cal
jdschall said:
That reminds me, I need to use some vacation because I'm over my roll over limit. Can you say "personal day"?
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No, but I can say, "MONTH OFF!!!!" (Later this year hopefully.)

Yee-haw. :thumb:
 
pnj

pnj

Turbo Monkey till the fat lady sings
Aug 14, 2002
4,696
40
seattle
I don't have a letter from them stating that they gave an OK for an extension of the hours over the max of 288. however, I just received a letter saying they stopped giving extensions a few years back (this is a letter that was sent to EVERYONE in the district (community college district)

but, they sent out a letter at the end of the year saying they DID offer extensions and when we sent in our letters asking, they sent them back telling us to fill out a different form... (seems like they would have told us then that they didn't offer extensions)
 
johnbryanpeters

johnbryanpeters

Hero
Sep 27, 2001
36,803
18,366
Making moss sad in New Haven, Vermont
sirknight6 said:
The laws vary depending on jurisdiction, typically however, it is unlawful to withhold ANY monies less it be a lean or child support. The best advice I can give is for you to contact either the employment commission where you live or an attorney who specializes in employment law.

(This information shall by no means be considered legal advice, but is a discussion of the legal theories presented herein. For handling any legal matter one is strongly urged to seek legal council for their specific legal need.)
Click to expand...
lien...
 
Snacks

Snacks

Turbo Monkey
Feb 20, 2003
3,523
0
GO! SEAHAWKS!
sirknight6 said:
Again, that varies according to jurisdiction, however, vacation in many instances can be considered a part of the compensation of an employee.
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True.

Pat, I would check the WA State L & I site. I'm almost positive they have to pay out your vacation $$ upon termination.
 
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