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  1. #41
    Quote Originally Posted by Slummish View Post
    I don't know what it's like where you are, but where I am, 35 hours a week is how we employ people that we don't want to be eligible for full-time employee benefits...
    This. There are a lot of grimey practices (not insulting you in particular Slum) that go on around here as well, where an employer will read that handbook and, by the skin of their teeth, make it so you can't collect certain benefits due to how they schedule you or even something as simple as your title.

    This may cheer you up, hearing about someone else getting screwed in the past by 'clever' bosses - when I was 18 or so still working at my first job (a pet store that rhymes with Met Ko) my boss pulled me aside and informed me that my schedule was making it difficult for them to keep me on. I was working 4 10 hour days at the store (Sun, Tues THurs and Sat, 7am to 5pm each day) so I could spend M W F doing a near full course load at college. We had agreed upon this schedule early on in my college carreer and it seemed all was going well, but I guess the 'new' boss (who was a kind voiced, charming man) didn't like my liberties and told me they were going to have to fire me if my schedule didn't open up. He played on the fact that I was afraid to be fired by telling me "you don't really want FIRED on your records, do you? it'll make it very hard to get another job in future..." so he basically pushed me to quit.

    Now as an adult I realize he not only got rid of me but made me ineligible for unemployment benefits which, as a direct result caused me to be unable to keep up a full course load at college while I searched for a new job.

    It happens, but YOU have to be the knowledgeable one, and just like me I bet if I turned to him and said "Well fire me then, if you want me gone, so I can collect unemployment while I find a new job" instead of "Oh gosh I don't wanna be FIRED! Alright, I quit, see ya :-(" the turnout woulda been different.

    You can't go in there screaming and you gotta watch that temper, but if you let your boss know you mean business and you're tired of being dicked around with a turkey and zero PTO he will NOT want to get tied up in litigation.

  2. #42
    I dont know how it is handled in the US, but where I am from, paid vacation days don't rack up. Sometimes, you are allowed to take the remaining days within the first three months of the next year. But then, they are gone. So, better prepare to wave good bye to the (maybe existent) days from 2011 and earlier.

    If you like the job, go talk to your boss and look, what he has to offer. Hopefully more than a turkey. Otherwise, try to get a new job.

    off topic : May i ask, what sick leave is ? If you are sick, you are sick - for as long as the Doc tells you. Thats it. Does it get totalled with your vacation? e.g.: you have 20 days of paid leave per year, you are sick for 4 days - 16 days left ? Is this common practise in the US?

  3. #43
    Might want to double check FLSA as well.
    The Fair Labor Standards Act (FLSA) that covers most public and private employment prescribes basic minimum wage and overtime pay remains silent on vacation time. This act does not mandate employers to pay for time not worked, such as vacations, sick leave or federal or other holidays.

    The Family and Medical Leave Act (FMLA) provides a maximum of 12 weeks job-protected in a 12-month period. FMLA vacation time is, however, unpaid and only for specific conditions such as birth and care of the eligible employee's child, care of an immediate family member with serious health condition, or care of the employee's own serious health condition.

    Labor Law vacation time is limited to the many state and local governments who can also decide for or against a minimum number of holidays. Ten holidays including eight national holidays remain an industry standard.

    Unless the state or the contract says something different he does not have to pay you for vacation time.

  4. #44
    Herald of the Titans Lenonis's Avatar
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    Quote Originally Posted by Bleda100 View Post
    I dont know how it is handled in the US, but where I am from, paid vacation days don't rack up. Sometimes, you are allowed to take the remaining days within the first three months of the next year. But then, they are gone. So, better prepare to wave good bye to the (maybe existent) days from 2011 and earlier.
    There is no universal law about vacation -- in fact there is no law. Companies aren't actually required to offer paid time off. Whatever their policy is should be documented and agreed upon -- which is why the lack of an employee contract is going to hurt the OP for any sort of retroactive compensation.

    off topic : May i ask, what sick leave is ? If you are sick, you are sick - for as long as the Doc tells you. Thats it. Does it get totalled with your vacation? e.g.: you have 20 days of paid leave per year, you are sick for 4 days - 16 days left ? Is this common practise in the US?
    There is no common practice in the US. This is once again company specific. Some companies offer a pool of Paid-Time-Off. This means you will get paid regardless of if you are on vacation or sick up to a certain point. Some companies have different policies for sick time vs vacation. My company, for instance, your vacation is vacation and you have unlimited sick days, however if you are out for more than 2 days they can request a doctor's note, and if you miss a ton of days it can be questioned. Layered on top of that are some US laws such as FMLA (Family Medical Leave Act) which required companies to let you have time off (not necessarily paid) to deal with a health crisis.

    It's complicated which is why situations like the OP happen -- people don't know what their benefits are because a lot of it is left up to the company and the federal laws aren't generally understood by people.

    And then you can additional state laws, although those tend to be more about minimum wage and overtime rather than sick or vacation time.

    ---------- Post added 2012-11-27 at 01:35 PM ----------

    Quote Originally Posted by NyghtBlind View Post
    Unless the state or the contract says something different he does not have to pay you for vacation time.
    However if he has a company policy to give time off, he's required to offer it to the OP. Otherwise it's discrimination.

  5. #45
    He doesn't look me in the eye when we speak, and i think he's intimidated by me. My sister says i'm going to get myself fired over this as i tend to go from calm rational conversation to shouting match within seconds.
    Sounds like you lack patience and self-control, although in your circumstance anyone could get upset.

    Short-term solution: Let the steam dissipate from your mind, give yourself a week or two and then talk to your boss. Keep in mind your goal is not to vent out anger from your loss but to get some form of reimbursement that you deserve.

    Long-term solution: Keep your emotion under check, talk to fellow employees and employer politely and build a friendly yet professional relationship. You'll eventually see who you can trust and be able to talk more openly.

  6. #46
    Quote Originally Posted by Bergtau View Post
    If the employer is required to inform you of something you are entitled to and fails to do so, it isn't your fault.
    If it's in the stuff you sign when they employ you, then they've informed you. It's not the employer's fault if you don't read it.

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  7. #47
    Quote Originally Posted by Herecius View Post
    If it's in the stuff you sign when they employ you, then they've informed you. It's not the employer's fault if you don't read it.
    Very true, but it's seems unusual for him to not ask anything about paid time off policy while working over 6 years.

  8. #48
    I am Murloc! vindicatorx's Avatar
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    Depends what country you live in I know in the US they don't have to offer paid vacation and if you quit or get fired they are not obligated to pay you this time unless it is specifically stated in your contract. Since you don't have one they don't have to pay you one if they don't want to. So, it's up to you to ask them about it remembering that they don't have to give you one in the first place.

  9. #49
    Something people are failing to understand (and not surprisingly given the reputation of these forums) is that there are more than one type of employment. It appears that the type of employment the OP has is what's known as "at-will employment" which essentially means there is NO CONTRACT between employee and employer. He could fire your ass at any given time for no reason at all and he doesn't owe you anything. This is opposed to working for a larger company which may contractual employment which states terms of severance and any compensation that will be given.

    In an "at-will" employment situation, you aren't owed anything beyond what the law says the employer must give you. Paid vacation time is not required by law anywhere in the United States, at least. If the employer is offering paid vacation time, it's purely out of the kindness of his own heart and it is completely your responsibility to take advantage of it.

    Had there been a contract involved (chances of that at a "small deli" or any other local "mom & pop" type business are virtually nil) then you MIGHT have a legal leg to stand on, but even then, it's still your responsibility to inspect and negotiate any terms in said contract. If such a contract exists and it stipulates you are to receive paid vacation time, again, it's your responsibility to take advantage of it and you are only entitled to accumulated vacation time if the contract stipulates that you are. If it doesn't, then you aren't. Too bad, so sad.
    Last edited by darxide; 2012-11-27 at 08:52 PM. Reason: clarification

  10. #50
    Herald of the Titans Lenonis's Avatar
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    Quote Originally Posted by darxide View Post
    He could fire your ass at any given time for no reason at all and he doesn't owe you anything.
    This isn't entirely true. There are still anti-discrimination laws and other labor standards that restrict the conditions in which it is legal to fire an employee, even in an at-will state.

    However that isn't likely to apply here. However he can still sue for retaliation if he brings up unequal treatment and then is fired for bringing it up.

    But as you mentioned given the lack of documentation it might be a difficult case to win.

    Plus...his temper problem is likely to hinder a positive resolution to this as he indicated he's incapable of maintain his cool with his boss.

  11. #51
    Quote Originally Posted by Lenonis View Post
    This isn't entirely true. There are still anti-discrimination laws and other labor standards that restrict the conditions in which it is legal to fire an employee, even in an at-will state.
    Well, yes, that obviously. I just meant that he could fire you on a whim if he decided he didn't like you personally or didn't need you anymore or found someone to do your job cheaper, etc and not have to pay compensation or anything like that.

  12. #52
    You worked there for 6 years and never thought to ask about vacation days? No one ever talked about taking a vacation day?

    .....

  13. #53
    Are you in his books listed as full time or part time job?

  14. #54
    He should have informed you, or your paystub should show how much paid time off you have. At my work each paystub shows how much accrued time I have got. At the end of the year, if you have more than 15 days accrued, it will be deducted to be at 15 days. So... meh. You likely will have 15 days (8 x 15 = 120 hours)
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  15. #55
    Thank you for this overview, Lenonis

  16. #56
    Pandaren Monk Silhouette of Seraphim's Avatar
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    Quote Originally Posted by peggleftw View Post
    did you not have to sign an employment contract or anything?
    For a deli? What sort of mad place do you live that gives counter help employment contracts?

    ---------- Post added 2012-11-27 at 08:31 PM ----------

    Quote Originally Posted by Retributed View Post
    That's a really long time to be employed and never wonder if you were eligible for such things lol
    I thought the same.

    Quote Originally Posted by Retributed View Post
    You can also ask if it's at all possible if he'd be willing to compensate you for those years of unused vacation time, since you said that's what another employee said they do.
    Highly unlikely.

    I believe what he said happens is at the end of the year employees are reimbursed for any unused time from that previous year, although why they don't just roll over to the next year I won't pretend to know. Could be a local law, perhaps.
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  17. #57
    Quote Originally Posted by Thodrin View Post
    Are you in his books listed as full time or part time job?
    Most of the other questions i believe i've answered. It just never seemed like a place that would offer such a thing when it's like pulling teeth just take a sick day there. But this one i thought i'd answer. I would be surprised if my boss had books. There are days when i go in at my scheduled time and he's surprised to see me and asks who i'm covering. When i came back from quitting (he actually asked me to come back) he scheduled me for a day when he already had two other people covering that shift. I doubt he even knows how many hours a week i work.

    I've just come to the understanding that this wont work out well so i'm just going to confront him about it and start looking for another job. Thank you all for the help and information it is greatly appreciated.

  18. #58
    Quote Originally Posted by Bleda100 View Post
    off topic : May i ask, what sick leave is ? If you are sick, you are sick - for as long as the Doc tells you. Thats it. Does it get totalled with your vacation? e.g.: you have 20 days of paid leave per year, you are sick for 4 days - 16 days left ? Is this common practise in the US?
    At my last job, I accrued 2.84 hours of paid time off every pay check. I could use that time off for when I was sick or on vacation. So each year I only got X amount of time and if I was sick that took away from what I had in my PTO "bank" as it was called.

  19. #59
    Stood in the Fire
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    I just get 20 days flat of paid leave every year. Starts on 1st of April every year and does not carry over to the next term.

    Sick leave is only considered after 3+ days of not being on the job and my employer asks to see a doctor's note (have to pay for that btw, bullshit).

    Any other leave is unpaid.

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  20. #60
    Herald of the Titans Lenonis's Avatar
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    Quote Originally Posted by blankfaced View Post
    I've just come to the understanding that this wont work out well so i'm just going to confront him about it and start looking for another job.
    Just try to keep your cool and be as logical and calm as you can be. You might be surprised by the results.

    Although it still could very likely not go well then having the plan B job is not a bad idea.

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