is it legal for my employer to...

[SixFive]

take away my vacation bank? The company I worked for was divested (I think that's the right word), and I am now employed by another company. This happened the first of May. We were just told today that all vacation time we did have has been zeroed out Therefore, all of my vacation time is gone except what little I have accrued since May 1st. I had 40-50 hours, but I know some that had well over 100

I thought that the new company would probably assume our time off, but I guess not. Isn't that what usually happens?? I know that companies don't have to pay out your sick time when you quit, and I've heard of people losing 500 and more hours. However, this is vacation time that is a benefit that has been accrued. Seems like it's taking money out of my bank account. I guess companies can do about anything they damn well please, but this doesn't seem right or legal. I of course know nothing of law, but if one of you lawyers on here could enlighten me, I would appreciate it. Thanks.

 

[BahamaMama]

OUCH!!!!!!!!!!!!!

OUCH!!!!!!!!!!!!!

that really sucks to say the least

from a legal standpoint, my "guess" would be, it is perfectly within the bounds of the company that bought you to take it away, but the previous company OWES it to you, so it better have been included in the purchase price. hope you don't lose it all together!!!!

 

[loophole]

again, outside of my area of concentration, but i believe bahamamama is correct sixfive. it's not clear to me what you mean by "divested" but if you company was bought out by another, either the vacation time obligation owed to employees was conveyed as an obligation in the purchase or your former employee owes you compensation for the time. check with your local govt wage/hour office.

 

[djv]

Believe your vacation time should now match what ever the new company was giving its employies. If your old company did not ask for your old contract be honored. I think your chit out of luck. By the way where does some one work where they would get 500 hours. Or even be able to save up 500 hours. I worked almost 39 years to get 5.5 weeks and thought I was lucky. Thats 220 hours. Dam 500 seems extreem. Was there a official contract? Or where were the rules written?

 

[BahamaMama]

djv....the 500 hours 6-5 mentioned was accumulated *sick* leave, which isn't unusual to be able to accumulate and lose. the 100+ hours were for vacation leave which is only 2.5 weeks plus, and most any company will allow you to accumulate that much.

 

[SixFive]

thanks for the responses so far. I'll have more information tomorrow; I just know the skinny now.

 

[yyz]

Sounds like you could use a vacation.

 

[THE KOD]

Six Five

The new company can do anything they want and if you dont like you, you leave.

If there were any discussion earlier about the selling of the company that would have been the time to take the vacation.

I hate big business.

Always looking to screw the little guy. Especially when they know there is nothing you can do about it.

KOD

 

[SixFive]

Scott, it's the old company doing the screwing, not the new one. This was a total shocker, and everyone assumed that the vacation and sick time would roll with the new company. The old company, however, has decided not to send our time off, not even at a half rate. I guess the old company would have had to pay the new company for our vacation time to make it happen, and they are choosing not to.

The new employer would have a lot of liability if they frontloaded all of our vacation time on their own without help from the old company.

I also found out that there are 3 states that make companies honor their employees vacation time, Cal, Co, and Mass. I live in Kentucky, so I lose mine. Still sounds like it can't be true, but I guess I can't do one darn thing about it.

 

[loophole]

sixfive, just because ky state law does not compel companies to pay you for vacation time doesn't mean they can't enter into an enforceable contract with their employees to do so. you may want to consult with a local attorney on this. take your employee manual with you.

 

[Wilson]

Call the department of labor...they will give you this answer..the new company is not responsible for your accrued vacation time.

 

[THE KOD]

sixfive, just because ky state law does not compel companies to pay you for vacation time doesn't mean they can't enter into an enforceable contract with their employees to do so. you may want to consult with a local attorney on this. take your employee manual with you.

....................
loophole

spoken like a true attorney.

Only thing is whatever employee that gets a attorney involved in this will end up getting canned. Maybe not this week or next month but its a guarantee they will get rid of any rabble rousers.

There is alot of money at stake for the new company and they will resent any attempt to cause trouble.

KOD

 

[djv]

This is why I vote republican most of the time. We need more of these big business even medium bussiness to take some of these give aways back. Time to hold cost down. We believe not like the liberals do. No free gifts. We want to make as much on this deal as possiable. Screw the little guy. And move the minimum wage back to 4 bucks. Were paying hamburger flippers way to much. Mexicans will work for food and 2 bucks. Sorry Sixfive bussiness is good if you own it. Other then that. It better be in writing.

 

[SixFive]

djv, it was in writing. Their policy says, "we can do anything we want anytime we damn well please." BTW, the owner of the old company is a liberal Democrat and card carrying member of the ACLU. Don't see how that helped me much in this instance him not being a Republican.

Labor board says tough tittie, they can do it.

 

[djv]

A want to be republican is what I call those ACLU folks. How many folks you got getting the shaft. Get a lawyer. Heck if there more then 25 of you cost would be cheap. Because if these new folks are saying hay it's not our fault. Everthing from here on the same excuse will be used.

 

[ferdville]

Don't know about your state, but I can tell you what happens in California. The former company will owe you for vacations accrued upon sale to new company. However, most companies have a maximum amount of accrued vacation allowed. Still, in California, the old company must pay you off. I know this as I participated in an ownership switch in 1998 and everything was done according to the law. However, in California, no employer is forced to provide vacation - they do so only if they choose to. I would bet that every state has a different law and I am not up to speed on any federal labor laws in this area. Call your local labor board. But the obligation clearly rests with former employer, not new employer, UNLESS the transfer of responsiblity was agreed upon in the sale.

 

[djv]

Ferdville you brought up one reason why unions were born. A company does not have to give you any days off other then National Holidays. Or many will have you work that Holiday but give you a extra day some other time. They do not have to provide sick leave. They do not have to offer health insurance. They have to pay natinal minium pay rate. But some even dont have to do that because of tips. So they just need to match thats state minium. Now there are afew states that will not allow such things but not many. So I know the answer before anyone brings it up. If your dump enough to work for a company that gives you chit. Thats your fault. And with our borders the leak thay are. There are many dumb enough to do just that. And oh baby there is plenty of companies just waiting to shaft them. And then cry like hell when there Told minium wage should go up a 25 or 50 cents over 2 years. No one ever said life is fair. It's up to you to make it what you can. But be prepared for the many ass hole out there just waiting for you. Kind-a like many sports servics. The shaft is coming.