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  1. #1

    Employer never informed me i could recieve paid vacations.

    I currently work at a small deli thats owned by a guy along with two other delis/bagel shops. Since there isn't any sort of employee hand book or even any employee guidelines or rules for that matter i never thought to ask about paid vacations. I assumed it was something you only received at big business or chains. So i recently found out we get paid vacations. The bagel makers in the back of the store receive greater pay and four weeks paid vacation a year. (I was quite shocked considering how difficult it is to just get a 25 cent raise there.) I then find out that some of the front counter help (what i do) have also received paid vacation time. (Only one week.)

    Now i'm certain it's not due to hours worked, for six years i worked 35+ hours a week. And it's not based on duration of employment as i've been working there just as long as one of the gentlemen in the back of the store. I recently quite and was hired back (been back 6 months now) but it can't be because of that as one of the females was fired and rehired and was receiving vacation pay (without my knowing back when i was doing the 35+ hours a week.) Then i come to find out the guys in the back get paid if they don't use their "vacationtime." (Which was the one thing that pushed me over the edge.) I'm just curious as to what others think of this. My sister's boyfriend said i need to "make waves" over this and bitch to my boss. The hard part is my 'boss' is so far from an actual boss. I know things about his store that he doesn't. 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.

    The other problem with this is i spoke to two of my front counter help coworkers and they didn't seem to be at all upset over this, or at least no where near as upset as myself. I think i'm more upset over feeling used, taken advantage of and deceived by my boss. I feel like a fool not only for that but for returning to work there after quitting. I'm fairly calm and rational but when it comes to confrontation i, like i said, go from 0 to 60 in a few seconds. Any advice would be greatly appreciated. I think i should sit on this for a day before i talk to my boss, maybe some outside viewpoints might help me out.
    Last edited by blankfaced; 2012-11-26 at 10:05 PM.

  2. #2
    The Insane peggleftw's Avatar
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    did you not have to sign an employment contract or anything? would usually say about it on there.
    Too cool for a signature

  3. #3
    No, i was hired in at 16 and my sister filled out my application to get me the job. When i went in on my first day all that was asked of me was my address and soc #.

  4. #4
    For starters I think it's a good idea to sit on it for a day. You don't want to go into something like this with emotion. Get you ducks in a row before you even approach the conversation with him so you have irrefutable proof that persons of equal title are being given different advantages -- if there is any contingency then he'll use it. Lastly, no matter how the cards fall when you're discussing it with him you cannot lose your temper. In a work environment that can be considered hostile and easily grounds for termination.

    If you can't go into this discussion without any of those (examples of why you should, proof others receive said benefits, a calm/level head) then you shouldn't even bring it up.

    Good luck!

  5. #5
    Mechagnome Liagala's Avatar
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    First priority, find some way to get a handle on that temper. A shouting match is not going to get you anywhere.

    Second, understand that neither your boss nor anyone else in the company deliberately deceived you, or tried to take something from you. It's extremely likely that it never crossed their minds at all. Vacation pay is such a common benefit (I assume you work in the US or a country with similar work habits), it's actually pretty strange to imagine an employee just assuming it doesn't exist. Small businesses often miss out on a lot of the "official" paperwork stuff and rely on oral communication for the vast majority of their dealings. This leads to problems just like yours - they thought you knew about it and that you would let them know if/when you wanted to use some of your time. It then passed out of their minds, never to return.

    Third, see step 1. It's important.

    Fourth, talk to your boss and ask about possible solutions. They may be perfectly happy to pay you some or all of the missing time, or make it available for you to take now if you want. If you can't come to some mutually agreeable solution, then you may want to look up the laws governing this sort of thing in your state (or country, if not the US).

  6. #6
    The Insane Reeve's Avatar
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    Quote Originally Posted by blankfaced View Post
    No, i was hired in at 16 and my sister filled out my application to get me the job. When i went in on my first day all that was asked of me was my address and soc #.
    Well then now you're older and wiser and know to look out for these things in the future. I wouldn't blame your employer for that.
    She was a fast machine, she kept her motor clean
    She was the best damned woman that I ever seen
    She had the sightless eyes, telling me no lies
    And knocking me out with those American thighs

  7. #7
    Go back to your countries laws on the matter. Talk to a professional if you have to. Once you have all the facts of what should have happened then talk to the guy about how much he owes you.

  8. #8
    Information like this should be asked when you start employment. In the six years you worked there, didn't you wonder why coworkers would disappear some weeks?

    Just flat out ask your boss the vacation policy.

  9. #9
    well if you havnt signed anything, then you're not entitled to anything in my opinion. First course of action would be to get a contract out of him... and make sure to read it and negotiate on the terms if you think they are unfair!

  10. #10
    Quote Originally Posted by daytonbrown View Post
    Information like this should be asked when you start employment. In the six years you worked there, didn't you wonder why coworkers would disappear some weeks?

    Just flat out ask your boss the vacation policy.
    People can take unpaid weeks. I always ended up using my paid vacation for being sick and then took unpaid vacation for my real vacation.

  11. #11
    That's a really long time to be employed and never wonder if you were eligible for such things lol

    Now, unless I missed part of the story(brain is fried from working an overnight, forcing my sleep schedule into a funk), are you being DENIED paid vacation? Or are you just upset that it was never brought to your attention you could use it?

    If he's refusing to give you vacation time while offering it to others, you can definitely file a discrimination charge against him(though you will almost indefinitely be out of a job for one reason or another he can make up). 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. Again, if he refuses you that you can file a small claims court charge for that too but you most likely won't be employed much longer.

    Would most definitely wait until you have your wits and patience of you before talking. Just explain you were curious if vacation time was available to you(if you've only been back 6 months, he might require a year of employment before getting vacation.). Try and bring it up that you heard that they can cash out on unused vacation time every year, and was wondering if it at all possible you could be compensated for those years of time you didn't use it at all.

    Now, I have no idea if you've had other jobs or know how it works...but typically with vacation(at least in the big company I work for), your available vacation hours are open for use at the beginning of the year. For example, I currently have 3 weeks paid vacation. On my paycheck, over the course of the year, it tells me how much I've "worked off". Basically if I end up using all my vacation by April, and quit the job in October, they will dock the hours I've used that I would have "earned" from October to December for my final paycheck, since I quit before working off all that vacation time.

  12. #12
    i doubt anyone was trying to prevent you from getting what's yours. just ask your boss what the policy is and let him know you've never utilized it, and ask him what he can do for you. don't expect him to say "well then why don't you just stay home for a few months while i keep paying you," though.

    now i'm just jealous and sad. my restaurant gives me an extra week of pay every september, but they cut my hours for that week, so i get something kind of like a paid vacation, except i don't get to choose when it is

  13. #13
    The Unstoppable Force RICH816's Avatar
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    It is your fault for never inquiring, were you never curious? Do not blame your boss for your lack of initiative, and losing your temper and confronting him about it will get you on his shit list. Calm down, sleep on it and speak to him calmly and with a level head.

  14. #14
    This is the only job i've ever had and have been there 9.5 years now. I took two vacations during that time and neither were payed for (one was a full week along with my sister who didn't get payed for it either.) I never inquired because i had never heard of anyone else getting it up until now. Then it was almost like a can of worms, the information just started pouring from peoples mouths. But i do agree i am partly to blame for it, i should have been more inquisitive of the vacation time. But after having to pull teeth just to take a day off sick it seemed like a stretch to take a vacation and get payed for it. And i did notice people taking time off, i was pretty much the go to person to cover shifts when they did. Also thank you for the insight, nice to hear from people that don't get so emotional like me and my family over things.

  15. #15
    The Unstoppable Force RICH816's Avatar
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    Quote Originally Posted by blankfaced View Post
    This is the only job i've ever had and have been there 9.5 years now. I took two vacations during that time and neither were payed for (one was a full week along with my sister who didn't get payed for it either.) I never inquired because i had never heard of anyone else getting it up until now. Then it was almost like a can of worms, the information just started pouring from peoples mouths. But i do agree i am partly to blame for it, i should have been more inquisitive of the vacation time. But after having to pull teeth just to take a day off sick it seemed like a stretch to take a vacation and get payed for it. And i did notice people taking time off, i was pretty much the go to person to cover shifts when they did. Also thank you for the insight, nice to hear from people that don't get so emotional like me and my family over things.
    Sounds like you are being used as the company doormat, are you looking for another job?

  16. #16
    Quote Originally Posted by RICH1471 View Post
    It is your fault for never inquiring, were you never curious? Do not blame your boss for your lack of initiative, and losing your temper and confronting him about it will get you on his shit list. Calm down, sleep on it and speak to him calmly and with a level head.
    His fault for never inquiring about something he is legally entitled to anyway?

    Bergtau's Law: As an online discussion grows longer, the probability that somebody will mention Godwin's Law approaches 1.
    Hitler wasn't all bad, I mean, he DID kill Hitler.
    An accident is something that you did not mean to do at all. A mistake is something that you regret doing.

  17. #17
    The Unstoppable Force RICH816's Avatar
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    Quote Originally Posted by Bergtau View Post
    His fault for never inquiring about something he is legally entitled to anyway?
    He never asked about it, assumed he was never entitled to it and never pursued it. Yes, its his fault. never assume anything, it makes an ASS out of U and ME.

  18. #18
    Quote Originally Posted by RICH1471 View Post
    He never asked about it, assumed he was never entitled to it and never pursued it. Yes, its his fault. never assume anything, it makes an ASS out of U and ME.
    If the employer is required to inform you of something you are entitled to and fails to do so, it isn't your fault.

    Bergtau's Law: As an online discussion grows longer, the probability that somebody will mention Godwin's Law approaches 1.
    Hitler wasn't all bad, I mean, he DID kill Hitler.
    An accident is something that you did not mean to do at all. A mistake is something that you regret doing.

  19. #19
    The Unstoppable Force RICH816's Avatar
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    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.
    He has been then almost 10 years, he has had plenty of time to inquire, the person that originally hired him may be long gone.

  20. #20
    Quote Originally Posted by RICH1471 View Post
    Sounds like you are being used as the company doormat, are you looking for another job?
    I wasn't up until i heard about this, my mother told me of a job fair going on nearby so i'll more than likely be going to it.

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